John A. Thompson, Respondent, v. Rowland W. Hazard et al., Appellants

John A. Thompson, Respondent, v. Rowland W. Hazard et al., Appellants. (Submitted March 12, 1890; decided April 15, 1890.) Appeal from judgment of tlie General Term of the Supreme Court in the third judicial department, entered upon an order made September 23,1887, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The following is the mem. of opinion : “ The only questions relied ’ upon by the appellant for the reversal of the judgment herein arise upon the exceptions taken by him to the report of the referee, and they are as follows : ‘ The defendant hereby excepts to the findings of fact and to the conclusions of law of the referee herein.’ “ It has been repeatedly held that these exceptions are too general to raise any question for review in this court. ( Ward v. Craig, 87 N. Y. 550-557; Newells v. Doty, 33 id. 83; Wheeler v. Billings, 38 id. 263.) “ If there was no evidence tending h> sustain the findings of fact made by the referee, it became a ruling upon a question of law within the meaning of section 992 of the Code of Civil Procedure, and, in order to raise a question for review in this court, an exception thereto, must be taken. (Code Civ. Pro. §§ 993, 994.) “ In the absence of any such exception this court must presume that the findings were sustained by the evidence. (Patterson v. Robinson, 116 N. Y. 199.) “ For these reasons the judgment should be affirmed, with costs.” William PL Newman for appellant. ' Amasa J. Pcorker,. for respondent.. Haight, J., reads for affirmance. [MAJORITY] All concur. Judgment affirmed.