Godfrey v. . Moser
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff and granting a new trial. This action w.as brought to recover an alleged balance of an 'account for services rendered by plaintiff as attorney and counsel for defendant. The original order of reversal by the General Term was amended by adding after the word “ reverse,” the words “ on questions of fact as well as of law.”
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Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff and granting a new trial. This action w.as brought to recover an alleged balance of an 'account for services rendered by plaintiff as attorney and counsel for defendant. The original order of reversal by the General Term was amended by adding after the word “ reverse,” the words “ on questions of fact as well as of law.” The original notice of appeal did not contain the stipulation required by tlie Code (§ 11, sub. 2) for judgment absolute against appellant in…
1Opinion of the Court
In reviewing a decision of the General Term reversing a judgment entered upon the report of a referee, where it is certified that the order of reversal was made upon questions of fact as well as law, this court occupies the position of the General Term as to the facts, as well as the law. The Code provides that, "in that case, the question whether the judgment should have been reversed, either upon questions of fact or of law, shall be open to review in the Court of Appeals." The rule insisted upon by the appellant, that when there is conflicting evidence, and when there is any evidence to…
2Cited by27 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Levy v. CooganNew York Court of Common Pleas · 1890
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