From Casetext: Smarter Legal Research

Sweetzer v. Cameron

New York Common Pleas — General Term
Mar 1, 1893
3 Misc. 71 (N.Y. Misc. 1893)

Opinion

March, 1893.

J. Stewart Ross, for defendant (appellant).

Kneeland, Stewart Epstein, for plaintiffs (respondents).


The learned counsel for the appellant quite misconceives the function of this court. Our appellate power in relation to the City Court is identical and coincident with the revisory jurisdiction of the Court of Appeals over its subordinate tribunals, and so is limited to a review of errors of law suggested by appropriate exceptions. Keller v. Feldmann, 2 Misc. 179; Walsh v. Schulz, 67 How. 186; Bowe v. Comley, 2 Civ. Proc. Rep. 424; 16 Wkly. Dig. 343. Mistakes by the jury are beyond our competence to correct. Bell v. Bartholomew, 12 Wkly. Dig. 33; McEteere v. Little, 8 Daly, 167; Farley v. Lyddy, Id. 514.

It results, therefore, that, as to the weight of the evidence, we are concluded by the affirmance of the order denying the motion for a new trial.

Still, as a verdict without evidence involves error of law, we may correct it; but, to the exercise of the power, an exception presenting the question of the sufficiency of the proof to sustain the finding is an indispensable condition. Schwinger v. Raymond, 105 N.Y. 648. Here was no motion for a nonsuit or for a direction, and "however unjust the verdict, this court is powerless to give relief."

Nevertheless, we have considered the evidence with care, and our conclusion on the merits of the case is in accordance with the decision of the jury.

A critical examination of the record discovers no error by the court of prejudice to the appellant.

Judgment affirmed, with costs.

BISCHOFF, J., concurs.

Judgment affirmed.


Summaries of

Sweetzer v. Cameron

New York Common Pleas — General Term
Mar 1, 1893
3 Misc. 71 (N.Y. Misc. 1893)
Case details for

Sweetzer v. Cameron

Case Details

Full title:SWEETZER v . CAMERON

Court:New York Common Pleas — General Term

Date published: Mar 1, 1893

Citations

3 Misc. 71 (N.Y. Misc. 1893)
22 N.Y.S. 555

Citing Cases

Ebenreiter v. Dahlman

Code, § 3191, subd. 2. Appellate power with respect to judgments upon verdicts in the City Court is limited…

Morris v. Murray

Both rulings were excepted to. The only question, then, arising upon the facts which we are at liberty to…