
    (10 Misc. Rep. 753.)
    HERMANN v. VAN BUREN.
    (Common Pleas of New York City and County, General Term.
    January 7, 1895.)
    Appeal—Matters not Apparent on Record.
    The ruling of the trial court admitting a certain paper in evidence will-not be reviewed where it is not included in the return.
    Appeal from First district court.
    Action by Theodore L. Hermann against Thomas B. Van Burén.. There was a judgment in favor of plaintiff, and defendant appeals..
    Affirmed.
    Argued before BOOKSTAVER and BISCHOFF, JJ.
    Albert Day, for appellant.
    Guggenheimer, Untermyer & Marshall, for respondent.
   PER CURIAM.

A certain paper was admitted in evidence against the objection and exception of the defendant (appellant), but is not included in the justice’s return. A motion by the appellant for leave to amend the return by supplying this paper has been denied because not made until after this court had intimated, upon the argument, its-decision upon the questions presented by the return as filed. Warren v. Campbell (Com. Pl. N. Y.) 14 N. Y. Supp. 165. The exception is-therefore ineffectual, as, in the absence of the paper, it cannot be determined that it was improperly admitted. The appellant has consequently failed to show error of law, and only a question of fact remains to be passed upon; and, after a review of the evidence, we are confirmed in our opinion, formed and intimated upon the argument, that the facts would not warrant a reversal of the justice’s decision. Judgment affirmed, with costs,.  