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Colby v. Town of Day

Court of Appeals of the State of New York
Jan 5, 1904
69 N.E. 1120 (N.Y. 1904)

Opinion

Argued December 15, 1903

Decided January 5, 1904

Nash Rockwood, George R. Salisbury and Oscar B. Glezen for appellants.

William D. McNulty for respondent.


It must be assumed that the judgment herein was reversed by the Appellate Division for errors of law only. (Code Civil Procedure, § 1338; Hinckel v. Stevens, 165 N.Y. 171, 173, and cases cited.) Therefore, the question is presented whether the exception filed by the defendant was sufficient to present any question of law which justified such reversal. We think there was not. The exception was general to the decision of the trial judge and to each and every part thereof, with no specific exception to any particular finding or conclusion. This court has recently held that such an exception was insufficient to present any question of law for review. ( Drake v. N.Y. Iron Mine, 156 N.Y. 90.)

It follows that the court below had no authority to reverse the judgment of the Special Term, and hence its judgment must be reversed and that of the Special Term affirmed, with costs to the plaintiffs in all the courts.

PARKER, Ch. J., GRAY, BARTLETT, MARTIN, VANN and WERNER, JJ., concur; HAIGHT, J., absent.

Judgment reversed, etc.


Summaries of

Colby v. Town of Day

Court of Appeals of the State of New York
Jan 5, 1904
69 N.E. 1120 (N.Y. 1904)
Case details for

Colby v. Town of Day

Case Details

Full title:ELLERY COLBY et al., as Trustees for the Benefit of ELLERY COLBY et al.…

Court:Court of Appeals of the State of New York

Date published: Jan 5, 1904

Citations

69 N.E. 1120 (N.Y. 1904)
69 N.E. 1120