¶1This action was brought to recover $189 for board alleged to have been furnished by the plaintiff to Mrs. Anna M. E. Detmers, the testatrix of the defendants, The case was tried before a referee, who decided against the claim, and from the judgraenfc entered upon his report the plaintiff has. appealed. The record contains no exceptions to the findings of fact or law. The appellant, therefore, has no standing to question their correctness in this court. (Millar v. Larmer, 85 Hun, 313.) There are six exceptians by the plaintiff to rulings of the referee upon questions of evidence, but none of these discloses any error. Notwithstanding the absence of any exception to the decision we have carefully gone over the evidence and are of the opinion that it fully sustains the referee's conclusion. The judgment must be affirmed. All concurred.
74 A.D. 620
Kind v. Bertine
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1902
Appellate Division of the Supreme Court of the State of New York · decided 1902-06-15
Judgment affirmed, with costs — Appeal by the plaintiff from a judgment of the Supreme Court, entered in the offico of the clerk of the county of Westchester on the 15th day of May, 1900, upon the report of a referee
Decided 1902-06-15