Hugg v. Shank
New York Supreme Court
Appeal from judgment on report of referee. Action by Robert R. Hugg and others against Lydia A. Shank to foreclose-a mechanic’s lien. Judgment for plaintiffs, and defendant appeals.
1Opinion of the Court
Dwight, J. •
The conclusions of law of'the referee were fully warranted by his findings of fact. Ho one of those findings seems to have been without some evidence tending to sustain it, and the question whether any such finding was against the weight of evidence is not presented by any exception contained in the record before us. There was no request to find otherwise than as found by the referee, and, of course, no exception to any refusal so to find.
Section 992 of the Code of Civil Procedure, in terms, precludes exceptions to findings of fact as such; but section 993 declares a finding of…
2Cases cited3 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Boorman v. JenkinsNew York Supreme Court · 1834
- Johnson v. . De PeysterNew York Court of Appeals · 1872
3Cited by7 opinions
- Crouch v. MollNew York Supreme Court · 1889
- McEntyre v. TuckerNew York Court of Common Pleas · 1893
- Ansonia Brass & Copper Co. v. GerlachNew York Court of Common Pleas · 1894
- Raabe v. SquierNew York Court of Common Pleas · 1893
- Livingston v. Manhattan Railway Co.The Superior Court of New York City · 1891
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