Townshend v. Mayor of New York — 35 N.Y. St. Rep. 465

Majority

p. 465

John Townshend, Resp’t, v. The Mayor, etc., of New York, Impl’d, App’lt.

(New York Superior Court, General Term,

Filed January 5, 1891.

Headnote

Appeal—Interlocutory judgment.

Where the notice of appeal from, an interlocutory judgment- does not ask a-review of the order directing its entry, such order is not before' the appellate court for review, and as long as it stands the judgment entered in conformity to it cannot be reversed.

Appeal from an interlocutory judgment overruling a demurrer to the complaint.

Edward H. Hawke, for app’lt; John Townshend, for resp’t.

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. New York Cotton Exchange, 47 Superior Ct., 560.

Judgment affirmed, with costs.

Sedgwick, Ch. J., and Ingraham, J., concur.