Reports of Cases Heard And Determined in the Appellate Division ..., volume 195
Reports of Cases Heard And Determined in the Appellate Division ..., volume 195
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To quickly assess the difficulty of the text, read a short excerpt:
Adams Express Co. 37 App. Div.] Third Department, January, 1921.
they were not testifying against the executors, but against the contestants. If the contestants succeeded there would be no will; there would be no executors; they were not testi- fying to impose a burden upon the estate, but in support of the will made by their father, and at the particular time complained of they were merely contradicting the testimony of Mr. Booth, and we think the latter is not protected by anything in section... 829 of the Code of Civil Procedure.
The order and decree should be affirmed.
All concur, John M. Kellogg, P. J., in result upon the ground that the alleged error in the admission of evidence was harmless and could not affect the result.
Order and decree affirmed, with costs.
C. F. Booth Company, Respondent, v. Adams Express Company, Appellant.
Third Department, January 5, 1921.
Appeal — when Appellate Division will not review facts.
The fact that upon the argument of an appeal it was conceded that findings had not been served, and that the exceptions might be filed at that time and treated as duly filed, did not perfect the record so as to permit of a review of the facts, there being no certificate of the court either that the record contained the necessary pajws required by section 1853 of the Code of Civil Procedure or all of the evidence necessary to the determina- tion of the questions presented, nor any order of the court directing the filing of the printed case as required by said section.
What to read after Reports of Cases Heard And Determined in the Appellate Division ..., volume 195?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Adams Express Co. 37 App. Div.] Third Department, January, 1921.
they were not testifying against the executors, but against the contestants. If the contestants succeeded there would be no will; there would be no executors; they were not testi- fying to impose a burden upon the estate, but in support of the will made by their father, and at the particular time complained of they were merely contradicting the testimony of Mr. Booth, and we think the latter is not protected by anything in section... 829 of the Code of Civil Procedure.
The order and decree should be affirmed.
All concur, John M. Kellogg, P. J., in result upon the ground that the alleged error in the admission of evidence was harmless and could not affect the result.
Order and decree affirmed, with costs.
C. F. Booth Company, Respondent, v. Adams Express Company, Appellant.
Third Department, January 5, 1921.
Appeal — when Appellate Division will not review facts.
The fact that upon the argument of an appeal it was conceded that findings had not been served, and that the exceptions might be filed at that time and treated as duly filed, did not perfect the record so as to permit of a review of the facts, there being no certificate of the court either that the record contained the necessary pajws required by section 1853 of the Code of Civil Procedure or all of the evidence necessary to the determina- tion of the questions presented, nor any order of the court directing the filing of the printed case as required by said section.
What to read after Reports of Cases Heard And Determined in the Appellate Division ..., volume 195?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin to read onlineMoreLess
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