State of Michigan v. . Phoenix Bank
New York Court of Appeals
Appeal from the General Term of the Superior Court of the city of New York. The action was tried before the Hon. Joseph S. Boswoeth, Chief Justice of that court, without a jury.
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Appeal from the General Term of the Superior Court of the city of New York. The action was tried before the Hon. Joseph S. Boswoeth, Chief Justice of that court, without a jury. A judgment in favor of the plaintiffs was entered upon the report and findings of the judge for $35,603.74. This judgment was appealed -to the General Term of the same court, which reversed the said judgment, and ordered a new-trial, with costs to abide the event, from which an appeal is brought to this court, with stipulation that judgment be absolute if the judgment of the General Term be affirmed.
1Opinion of the CourtPotteb, J.
A great proportion of the labor made neees sary on the review of this voluminous case could have been avoided, and many of the questions so elaborately argued and spread out upon the briefs of counsel. dispensed with, if the system of practice now established as the law in regard to a review of such cases had been pursued.
The judge at Special Term found specifically the facts severally, and his conclusions of law severally and separately from the facts, as required by the Code (§ 267). The defendants filed their exceptions in due form, to both the findings of fact and to the conclusions of…
2Cases cited4 opinions
- Delafield v. StateNew York Supreme Court · 1841
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Willson v. ForeeNew York Supreme Court · 1810
- Munn v. WorrallNew York Supreme Court · 1853
3Cited by30 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Ross v. . WoodNew York Court of Appeals · 1877
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Cemetery Ass'n v. MeningerSupreme Court of Kansas · 1875
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