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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. "
Law Reform: Papers and Addresses by a Practicing Lawyer - Page 65
by Henry Waters Taft - 1926 - 265 pages
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 14

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...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

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,...
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McCarty's Civil Procedure Reports: Containing Cases Under the Code ..., Volume 2

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....
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Howard's Practice Reports in the Supreme Court and Court of ..., Volume 63

Nathan Howard (Jr.), Rowland M. Stover, New York (State). Supreme Court - Civil procedure - 1882
...reviewablc here. The provision of said Code de Glaring that, " 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,"&c. , has reference only to appeals from surrogates' decrees or orders to the supreme court, (Davis...
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Rust's New York Code of Civil Procedure 1885

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...
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The Northeastern Reporter, Volume 8

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....
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The Eastern Reporter: Containing All the Decisions of the States ..., Volume 7

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....
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Central Reporter: Cases, Courts of Last Resort, New York, New Jersey ...

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...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

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,...
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2 years transportation progress, Volume 178

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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