The Miscellaneous Reports Volume 8 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 Excerpt: ...he deems it essential, to have the omitted portion, or such part as he desires, inserted. The rule is clearly stated by Judge Fmcn, in Porter v. Smith, 107 N. Y. 533: "An exception appearing in the proposed case serves as a notice to the respondent of an intention to raise"the question of error in the ruling excepted to, and puts upon him the responsibility of adding by amendment any needed proof." Wliere the appeal presents a ruling upon a question of fact involving the weight of the evidence, it is essential that the case contain a statement that it 'contains all the evidence on the point sought to beireviewed. Aldridge v. Ala?/ridge, 120 N. Y. 614; lluZlen/Lqf v. Sc/wrer, 17 N. Y. St. Repr. 387; Hozoe v. Woolsey, 7 Misc. Rep. 33; 57 N. Y. St. Repr. 507. And this for the reason that there is nothing to give notice that a review of a question of fact is intended unless the statement is made. The rule is different where an exception which raises a question of law is taken. In the present case we have a record which states that the trial came on before the judge, naming him, and a jury; that " the following proceedings were had. The plaintiff to maintain his cause of action gave evidence t-ending to show." Then follows in narrative form what purports to be the evidence relied on, which is signed, settled and ordered filed by the judge who presided at the trial. This is a case within the meaning of the Code, and from the evidence thus returned the court can determine whe_ther the case ought to have gone to the jury or not, which isthe question sought to be reviewed. The point sought to bc presented is, therefore, raised. The record shows that plaintiff was driving upon the tracks of a surface railroad, laid in one of the pub...

General

Imprint:	Rarebooksclub.com
Country of origin:	United States
Release date:	May 2012
First published:	May 2012
Authors:	Books Group
Dimensions:	246 x 189 x 13mm (L x W x T)
Format:	Paperback - Trade
Pages:	246
ISBN-13:	978-1-231-44414-6
Categories:	Books
LSN:	1-231-44414-2
Barcode:	9781231444146

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