¶1The record in this case contains no such statement of the facts found by the court as is contemplated by section 1022 of the Code. *275It is evidently intended that the decision of the court shall contain the facts found and the conclusions of law, stated separately, and that a reference to another paper in such decision as containing the facts found is no compliance with the provisions of the section. Under these circumstances, the appeal from the judgment entered cannot be considered by this court, and the same must be stricken from the calendar. All concur.
4 N.Y.S. 274
Furber v. McCarthy
Decided January 28, 1889
New York Supreme Court · decided 1889-01-28
Action by Arthur Furber against Alexander L. McCarthy and another. Judgment was given for defendants, and plaintiff appeals. Code Civil Proc. H. Y.§ 1022 provides that in trials without a jury the decision of the court must state separately the facts found and the conclusions of law.
Decided 1889-01-28