Opinion
April Term, 1899.
Present — Van Brunt, P.J., Patterson, O'Brien, Ingraham and McLaughlin, JJ
Judgment affirmed, with costs.
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.