Majority
p. 929John M. Helck, App’lt, v. Henry Reinheimer, Resp’t.[1] (Court of Appeals, Filed April 22, 1890.)
Headnote
Appeal—Costs.Plaintiff appealed from order of general term, reversing order granting Mm costs, but without prejudice to a further application by him for costs. Held, that as the order was not final the appeal should be dismissed, thus leaving the ultimate question open to the privilege conferred by the general term.
Appeal from order of the supreme court, general term, third-department, reversing order granting costs to plaintiff, without, prejudice .to an application by him to special term for costs on. appeal to general term and to this court for costs of the appeal to this court.
John F. Anderson, for app’lt; T. F. Bush, for resp’t
We dismiss this appeal because the order is not final. It leaves the right involved to the future action of the supreme court, and having been irregularly entered without the authority of that court was liable to be vacated, and we must either affirm the order or dismiss the appeal. The latter remedy will leave the ultimate question open to the privilege conferred by the general term, since the remittitur from this court awarded costs of the appeal in this court, and went no further than that
Appeal dismissed with costs.
All concur.