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19 N.Y.S. 945

Bailey v. Gluth

New York Supreme Court

Decided July 22, 1892

New York Supreme Court · decided 1892-07-22

Action by Edwin Bailey and another against Barbara Gluth. Prom a judgment of the county court affirming a judgment of a justice of the peace, defendant appeals.

Relies on Thurber & Stevenson v. Townsend & Wilbur

Affirmed · Decided 1892-07-22

Cullen, J.

¶1In the original return of the jus tice the testimony is presented

¶2in a form that makes it difficult to discern what the evidence really was, but enough appears from the original and amended returns to show that a fair question of fact was presented to the justice for decision. As there was evidence to support the judgment, no error of law was committed, and this court has no power on appeal to consider the weight of evidence or disturb the finding of fact. Thurber v. Townsend, 22 N. Y. 517. The judgment appealed from should be affirmed, with costs. All concur.

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