Thompson v. Schwartz

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1899-04-14
Citations: 57 N.Y.S. 416
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Lead Opinion
PER CURIAM.

The case was tried before the court without a jury. The trial judge filed a short decision, under section 1022 of the Code of' Civil Procedure, which directed a judgment in favor of the plaintiff. To that decision the defendant filed no exception, but simply appealed from the judgment. By section 1022 of the Code, in the event of a decision being filed under that section, not stating separately the facts-found, a general exception is necessary, to review a judgment entered-upon such decision, in the absence of which there is nothing for this court to review.

It follows that the judgment should be affirmed, with costs.