Empire Trust Co. v. Devlin
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the City Court of the city of Hew York, denying plaintiff’s motion made upon the minutes of the trial justice to set aside the verdict of the jury in favor of the defendant and for a new trial.
1Opinion of the CourtFreedman, P. J.
As the case on appeal does not, by way of a certificate or stipulation, affirmatively show that it contains all the evidence adduced at the trial, this court will not inquire whether the verdict is contrary to the evidence or against the weight of evidence. For the necessity of such a certificate or stipulation to enable the appellate court to weigh the facts, see Caven v. City of Troy, 15 App. Div. *584163; Brooker v. Filkins, 9 Misc. Rep. 146; Jeffers v. Bantley, 47 Hun, 90; Revelski v. Droesch, 6 App. Div. 190; and a large number of other cases collected under rule 32 of the General Rules…
2Cases cited4 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Caven v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1897
- Brooker v. FilkinsNew York Court of Common Pleas · 1894
- Revelski v. DroeschAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Hilgert v. BlackAppellate Terms of the Supreme Court of New York · 1904