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2 N.Y.S. 169

Ross v. Konor

New York Supreme Court

Decided July 2, 1888

New York Supreme Court · decided 1888-07-02

Action by George B. Boss against Valentine Honor for the recovery of $80, ■alleged to be due on contract. Defendant denied plaintiff’s demand, and alleged by way of counter-claim that plaintiff was indebted to him in the sum of $125 for services performed and merchandise furnished. There was judgment for plaintiff, and defendant appeals. Argued before Learned, P. J., and .Landon and Ingalls, JJ.

Decided 1888-07-02

Learned, P. J.,

¶1(eonnurring.) There is another objection to a reversal of this cáse. The case and exceptions are not signed or ordered to be filed. See rule 85, Code Proc. § 997. We have several times refused to hear cases which did not show that they had been settled by the judge who tried them. This-appeal was submitted without argument, and therefore this defect was not discovered during the term. It is the right of the judge who tried the case to determine what took place, and this right should be preserved to him.

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