
    Jacob Balz, App’lt, v. Daniel M. Shaw, Resp’t.
    
      (New York City Court, General Term,
    
    
      Filed February 11, 1895.)
    
    Appeal—Case—Settlement.
    Where the facts are disputed, the settlement of the case by the trial judge is conclusive.
    Appeal from an order, declining to correct the case on appeal.
    
      John P. Schuchman, for app’lt; J. M. Fiske, for resp’t.
   Ehrlich, C. J.

The order appealed from having been made by the trial judge, we think we must, in view of the facts, accept his certification as conclusive thereon. To do. otherwise would be to substitute o.ur opinion.' for his knowledge. ■ There was a dispute as to what occurred, and the trial judge determined it, • • Green v. Shute, 27 St. Rep. 816; Dearing v. Pearson, 55 id. 774; affirmed 59 id. 207. For these reasons the Order appealed from must be affirmed, with costs.  