Legal Opinion
Balz v. Shaw
City of New York Municipal Court
Decided February 15, 1895Published
Appeal from order declining to correct case on appeal in respect to the sixth and eighth specifications enumerated in the affidavit of plaintiff’s attorney.
1Opinion of the Court
Ehrlich, Ch. J.
The orde.r appealed from having, been made by the trial judge,' we think we must, in view of the facts, accept his certification as conclusive■ thereon. Todo *445otherwise would be to substitute our opinion for his knowledge. There was a dispute as to what occurred, and the -trial judge determined it. Green v. Shute, 7 N. Y. Supp. 69; Dearing v. Pearson, 6 Misc. Rep. 616; 26 N. Y. Supp. 74 ; 8 Misc. Rep. 270 ; 28 N. Y. Supp. 715.
For these reasons the order appealed from must be affirmed, with costs.
2ConcurrenceNewburger, J.
Order affirmed, with costs.
3Cases cited3 opinions
- Dearing v. PearsonNew York Court of Common Pleas · 1894
- Green v. ShuteCity of New York Municipal Court · 1889
- Dearing v. PearsonCity of New York Municipal Court · 1893