People ex rel. Kilborne v. Benedict — 47 N.Y. 667

Majority

p. 667

The People ex rel. Charles Kilborne et al., Respondents, v. Giles M. Benedict et al., Appellants.

Headnote

An order sustaining or overruling a demurrer is not appealable to this court.

(Argued February 6th, 1872;

decided February 13th, 1872.)

Appeal from order of the General Term of the Supreme Court of the third judicial district, reversing an order of Special Term sustaining defendants’ demurrer to the complaint.

p. 668

A. J. Pa/rTcer for appellants.

A. J. Bush for respondents.

Held order not appealable. All concur. No opinion.