In re Auchmuty

Headnote

Where an order of Special Term, vacating an assessment for a local improvement, is reversed by the General Term on the ground that the assessment should be reduced not vacated, and the case is remitted to the Special Term, that the assessment may be modified in conformity ■with the principles laid down by the General Term, the order of General Term is not a final order; and so is not re viewable here.

This was an appeal from an order of General Term, reversing an order of Special Term, which vacated an assessment upon certain premises in the city of New York, for a local improvement, and remitting the proceedings to the Special Term, to be there modified in conformity with the opinion delivered by the General Term. The opinion was to the effect that the assessment should not have been vacated, but should have been reduced in accordance with the principles laid down therein. Held as above.