Goldenson v. Lawrence
City of New York Municipal Court
Appeal from special term. Action by Eva L. Goldenson against Chester B. Lawrence and others. From an order made May 31, 1892, resettling a former order, defendants appeal. Affirmed.
1Opinion of the CourtEhrlich, C. J.
Where the facts are undisputed, the court, on appeal, may direct the resettlement of a case or order to conform to the facts. Rubber Co. v. Rothery, 112 N. Y. 592, 30 N. E. Rep. 546, on appeal 119 N. Y. 633, 23 N. E. Rep. 529; Gleason v. Smith, 34 Hun, 547; Healey v. Terry, (City Ct. N. Y.) 7 N. Y. Supp. 321. But here the facts are disputed. The certificate of the judge as to what occurred before him must be accepted as conclusive. Green v. Shute, (City Ct. N. Y.) 7 N. Y. Supp. 69; Healey v. Terry, supra. The rule applies to the present contention, (Smith v. Grant, 11 Civil Proc. R. 354,) and…
2Cases cited4 opinions
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
- New York Rubber Company v. . RotheryNew York Court of Appeals · 1890
- Green v. ShuteCity of New York Municipal Court · 1889
- Healey v. TerryCity of New York Municipal Court · 1889