In Wolf v. Farley, 40 N.Y. St. Repr. 808, 811, it was held that "The omission to render judgment in the alternative is an irregularity, however, which may be cured by the appellate court by a modification of the judgment appealed from, and does not necessarily call for a reversal."
Summary of this case from Wanamaker v. SchultzNo. 5D03-3952.
September 21, 2004.
Appeal from the Cir. Ct. (Brevard).
Decision without published opinion. Affirmed.
In Wolf v. Farley, 40 N.Y. St. Repr. 808, 811, it was held that "The omission to render judgment in the alternative is an irregularity, however, which may be cured by the appellate court by a modification of the judgment appealed from, and does not necessarily call for a reversal."
Summary of this case from Wanamaker v. SchultzFull title:LOUIS WOLF, STEPHANIE WOLF v. FRANK W. FARLEY
Court:District Court of Appeal of Florida, Fifth District
Date published: Sep 21, 2004
In Lewin v. Towbin, 31 Misc. 780, the court said: "The judgment appealed from was not in the alternative, but…
Schwabeland v. HolahanThe plaintiffs are not bound to admit all the testimony of their adversary as true, although calling him as…