Majority
p. 885ROBINSON v. CHINESE CHARITABLE & BENEVOLENT ASS’N OF CITY OF NEW YORK. (Supreme Court, Appellate Division, First Department. June 23, 1899.) Argued before VAN BRUNT, P. J., and BARRETT, RUMSEY, PATTERSON, and O’BRIEN, JJ.
Headnote
Appealable Orders—Decisions without Entry of Judgment.A decision that, in view of plaintiff’s admissions, no recovery can be had on the complaint as it stands, is not appealable, as the appeal should be taken after entry of judgment.
Appeal from special term, New York county.
Action by Mary E. Robinson against the Chinese Charitable & Benevolent Association of the City of New York. From a decision holding that no recovery could be had on the complaint as it stood, plaintiff appeals.
Dismissed.
M. E. Duffy, for appellant.
S. Greenbaum, for respondent.
It is difficult to see how the ruling of the court upon the trial of this action can be reviewed, except upon an appeal from a judgment when such judgment should be entered. The order appealed from was a mere decision, upon the trial, holding that, in view of the admissions of the plaintiff, no recovery could be had upon the complaint as it stood. Such decision cannot be reviewed upon an appeal, but a judgment must be entered, an appeal taken from the judgment, a case made, and the appeal brought up in the regular way.
We think, therefore, that the appeal must be dismissed, with $10 eosts and disbursements. • All concur.