McCarthy v. Gallagher
New York Court of Common Pleas
Appeal from city court, general term. Action by Denis P. McCarthy against Patrick Gallagher. From a judgment of the general term of the city court (23 1ST. Y. Supp. 313) affirming a judgment entered for plaintiff on direction of a verdict at trial term, defendant appeals.
1Opinion of the CourtBookstaveb, J.
This action was brought to foreclose a me/ chanic’s lien for a balance due under a building contract and fdr extra work, and resulted in a judgment in favor of the plaintiff, respondent. There is no statement in the appeal book that the case contains all the evidence taken on the trial, but instead/of that there appears the following: “The foregoing case on appeal Contains all the testimony taken on the trial of this action,” It «has been repeatedly decided, of late, that the latter of these statements is not the equivalent of the former, and that under such a statement the facts are not…
2Cases cited6 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Porter v. . SmithNew York Court of Appeals · 1887
- Hyman v. FriedmanNew York Court of Common Pleas · 1892
- Claflin v. FlackNew York Court of Common Pleas · 1891
- Upington v. PoolerNew York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Howe v. WoolseyNew York Court of Common Pleas · 1894
- Jones v. NelsonWashington Supreme Court · 1910
- Pollock v. Pennsylvania Iron Works Co.New York Court of Common Pleas · 1895