Foot v. Gumaer's Executors , 12 Wend. 195 ( 1834 )

By the Court,

Sutherland, J.

The evidence need not be stated. The order for costs is made in reference to the facts that appeared on the trial, certified by the judge before whom the trial was had. 2 R. S. 90, § 41. If the evidence did not warrant the certificate, application must be made to this court to set it aside.

Motion granted.