 | Law reports, digests, etc - 1882
...when an appeal is taken upon the facts the appellate court has the same power to decide the question of fact which the surrogate had, and it may, in its...testimony or documentary evidence and appoint a referee" — applies exclusively to the ca.se of an appeal to the Supreme Court. Upon tlie trial medical experts... | |
 | New York (State) - 1881 - 1471 pages
...;' 2586. Power of appellate court ; further testimony. — Where an appeal is taken upon the facts, the appellate court has the same power to decide the...testimony or documentary evidence, and appoint a referee. New. See Godfrey r. Moser.66 \. Y. 2.W ; Mutter of Wright. If, AM). NS 42!> ; Kolwaccn p. KolwaKcn,... | |
 | George D. McCarty - Civil procedure - 1882 - 519 pages
...character has been made. [4] Section 2586, which provides that, "where an appeal is taken upon the facts, the appellate court has the same power to decide the...testimony or documentary evidence, and appoint a referee," — has reference only to appeals from surrogates' decrees or orders to the supreme court. Davis v.... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 645 pages
...prescribed in title third of chapter twelfth of this act. § 2586. Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the surrogate hail ; and it may, in its discretion, receive further testimony or documentary evidence, and appoint... | |
 | Law reports, digests, etc - 1886
...law or fact, or both; and, when upon the facts, it was declared that the appellate court should have the same power to decide the questions of fact which the surrogate had, and might, in its discretion, receive further testimony or documentary evidence, and appoint a referee.... | |
 | Law reports, digests, etc - 1886
...law or fact, or both, and when upon the facts it was declared that the appellate court should have the same power to decide the questions of fact which the surrogate had, and might, in its discretion, receive further testimony or documentary evidence, and appoint a referee.... | |
 | 1886
...law, or fact, or both; and when upon the facts it was declared that the appellate court should have the same power to decide the questions of fact which the surrogate had, and might in its discretion receive further testimony or documentary evidence, and appoint a referee. It... | |
 | Civil procedure - 1887 - 645 pages
...in title third of chapter twelfth of this act. ' § 2586. Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the eurrogaie had ; and it may, in its discretion, receive further testimony or documentary «»idence,... | |
 | Law reports, digests, etc - 1920
...this court is not solely a court of review, but has the same power to decide questions of fact that the surrogate had, and it may in its discretion receive...testimony or documentary evidence and appoint a referee. Section 2763, Code Civ. Proc. We therefore, by order dated October 4, 1918, referred the matter back... | |
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Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the surrogate had ; and it may, in its discretion, receive further testimony or documentary evidence, and appoint a referee. 
