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3 Misc. 145

Meyers v. Cohn

City of New York Municipal Court

Decided March 15, 1893

City of New York Municipal Court · decided 1893-03-15

<p>An order denying a motion for a new trial was not entered. Held,, that an appeal from the judgment only brought up for review errors committed on the trial.</p>

Decided 1893-03-15

.Ehrlich, Ch. J.

¶1We have repeatedly enforced the rule that where no order is entered denying the motion for a new trial on the judge’s minutes, the appeal brings up for review only such errors as were committed at the trial. McArdle v. Smith, 1 Misc. Rep. 4, cases cited.

¶2No order was entered in this instance, and the rule must be applied.

¶3The action was for brokerage in selling certain real estate belonging to the defendant. The case went to the jury on. conflicting evidence, and they found for the plaintiff. No-error appears to have been committed during the trial to the *146prejudice of the defendant, and as the facts are not before us for review, we must affirm the judgment, with costs.

¶4McGown and Fitzsimons, JJ., concur.

¶5Judgment affirmed.

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