Richards v. Brice — 16 N.Y. St. Rep. 1018

Majority

p. 1018

ALICE RICHARDS, Pl’ff and App’lt, v. C. OLIVIA BRICE, Def’t and Resp’t.

Headnote

Appeal—Judgment—Demubbee—Code Civ. Pbo., §§ 1301 and 1316.

Appeal from a judgment of the city court, affirming a judgment entered on an order made at the special term, overruling a demurrer to the answer.

W. W. Badger, for app’lt: Simpson, Thacher & Barnum, for resp’t.

The appeal of the general term of the city court was taken from the judgment entered on the order of the special term only, and the notice of appeal did not refer to the order in any way The general term held the order was neither an "interlocutory judgment” nor an "intermediate order” within the meaning of sections 13ul and 1316 of the Code; and that it was not requisite to specify it in the notice of appeal in order to review it on appeal.

It is unnecessary for us to determine whether this conclusion was right or not, in this case, as the judgment- of the special term (see 9 N. Y. State Rep., 632,) was properly affirmed on the merits, for the reasons stated in the opinion of the general term of the city court (see 13 N. Y. State Rep., 728), and, therefore, the respondent.was not injured by the decision in regard to the notice of appeal.

The judgment should be affirmed, with costs.