Brater v. Andrews — 26 N.Y.S. 918

Majority

p. 918

BRATER v. ANDREWS.

(Supreme Court, General Term, First Department.

December 15, 1893.)

Headnote

Appeal—Review op Interlocutory Judgment.

An appeal from a final judgment does not bring up an interlocutory judgment for review.

Appeal from special term, New York county.

p. 919

Action by Mary P. Brater against Addison F. Andrews, testamentary trustee, etc. From a judgment in favor of plaintiff, defendant appeals.

Affirmed.

Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.

George M. Bayne, for appellant.

Francis A. Winslow, (Anderson Price, of counsel,) for respondent.

The notice of appeal was from the final judgment, no appeal having been taken from the interlocutory judgment. The questions sought to be raised, therefore, are not before us for review, and the judgment must be affirmed, with costs.