Green v. Shute

Decided October 3, 1889

City of New York Municipal Court · decided 1889-10-03

<p>Practice — Settlement of case.</p> <p>The certification of the trial judge on the facts of the case is conclusive, and his action in determining as to what had occurred cannot he reviewed.</p>

Cited by 2 later decisions — most recently November 1889

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-03

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Per Curiam.

¶1The trial judge settled the case, and we must accept his certification on the facts as conclusive. To do otherwise would be to substitute our opinion for his knowledge. There was a dispute as to what occurred, and the trial judge determined *115it. His action cannot be reviewed. Klein v. Second Ave. R. R. Co., 53 N. Y. Supr. Ct., 531; 1 N. Y. State Rep., 782; Tweed v. Davis, 1 Hun, 252; Porter v. Parks, 2 id., 675; Grossman v. Supreme Lodge, 22 N. Y. State Rep., 522.

¶2It follows that the appeal must be dismissed, with costs.

¶3McAdam, Ch. J., and Nehrbas, J., concur.