Martin, Bing & Co. v. Baust
Appellate Division of the Supreme Court of the State of New York
Appeal by the • defendant, Louis Baust, from an order of the Oounty Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 20th day of November, 1897, denying his motion to am.end the printed case on appeal.
1Per curiam
The respondent is doubtless correct in his contention that the plaintiff should have inserted in his proposed. case the statement that it contained all the evidence, if he wished that fact to appear in the record, because it is such a statement alone that gives the respondent information that questions of fact are to be reviewed on-appeal, and puts him on his guard to see that all the requisite testimony is inserted. . Otherwise he may assume that only questions of law are to be raised and the record need only contain sufficient evidence to support the rulings of the court below. But in this…
2Cited by1 opinion
- Gibson v. Metropolitan Street Railway Co.New York Supreme Court · 1900