Brater v. Andrews — 57 N.Y. St. Rep. 206

Majority

p. 206

Mary P. Brater, Resp’t, v. Addison F. Andrews, as Testamentary Trustee, etc., App’lt.

(Supreme Court, General Term, First Department,

Filed December 15, 1893.)

Headnote

Appeal—Interlocutoby jttogmemt.

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

p. 207

Appeal from a judgment in favor of plaintiff.

George M. Bayne, for app’lt; Francis A. Winslow, for resp’t.

The notice of appeal was from the tinal 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.