Townshend v. Mayor of New York — 12 N.Y.S. 464

Majority

p. 464

Townshend v. Mayor, Etc., of City of New York et al.

(Superior Court of New York City, General Term.

January 5,1891.)

Headnote

Notice of Appeal—Insufficenoy.

A notice of appeal which does not ask for a review of the order directing entry-of the judgment appealed from is insufficient to sustain a reversal of such judgment.

Appeal from special term.

Argued before Sedgwick, C. J., and Ingraham, J.

Edward H. Hawke, for appellant. John Townshend, for respondent.

The notice of appeal to the court does not ask to review the-order of the court below which overruled the demurrer, and directed the interlocutory judgment appealed from. That order is not, therefore, before us-for review; and, as the interlocutory judgment was entered in conformity with the order, the judgment was rightly entered, and cannot be reversed while the order directing the entry of such judgment stands. Campbell v. . Cotton Exchange, 47 N. Y. Super. Ct. 560 . Judgment affirmed, with costs..