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21 N.Y.S. 224

Tucker v. McLean

New York Supreme Court

Decided December 12, 1892

New York Supreme Court · decided 1892-12-12

<p>Appeal from circuit court, Kings county.</p> <p>Action by Harrison A. Tucker and John Wood against Alexander' McLean, Frederick Howard, and Susan B. McLean. Defendants obtained judgment. Plaintiffs appeal. Affirmed. .</p>

Decided 1892-12-12

PRATT, J.

¶1An examination of the case discloses no errors of law. The questions to be considered are of fact. The conflict of testimony is great, but we finally conclude that the rules that control onr action do -not permit us to interfere with the judgment. When the trial judge, •who has seen and heard the witnesses, has determined the facts, the case must be substantially free from doubt to justify a reviewing court in disturbing the decision. We are not able to say that this case is •such, and the judgment must be affirmed, with costs. "

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