Peter Thornton et al., Respondents, v. Gustav Autenreith, Appellant

Peter Thornton et al., Respondents, v. Gustav Autenreith, Appellant. (Submitted December 5, 1873; decided December 16, 1873.) This was an appeal from an order of General Term reversing a judgment in favor of defendant entered upon the report of a referee. The order appealed from did not state that it was reversed upon questions of fact, although it so appeared by the opinions of the General Term. Held, that, as the order did not state that the reversal was upon questions of fact, this court was constrained by section 272 of the Code to decree it to have been upon questions of law only; and as the findings of the referee were not entirely unsupported by evidence, order reversed. Charles A. JDmison for the appellant. A. 8. Payne for the respondents. [MAJORITY — Rapallo, J.,] Rapallo, J., reads for reversal of order of General Term and affirmance of judgment upon the report of referee. All concur. Ordered accordingly.