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Monroe Miller Co. v. Stokes

60 N.Y. St. Rep. 642 Court N.Y.C.P. Decision date 1894-06-27 English

Delivered by Bischoff, J.

Contents

Majority

p. 642
The Monroe Miller Company, Resp’t, v. Edward S. Stokes, App’lt.
(New York Common Pleas, General Term,
Filed June 27, 1894.)

Headnote

Appeal—Final judgment.
An appeal to the common pleas from a judgment of the New York city-court may be taken only when the judgment is final and was rendered upon an appeal to the general term.
Appeal from a judgment of the general term of the city court of New York which affirmed a judgment at special term sustaining a demurrer to part of the answer. Action in conversion.
John Delahunty, for app’lt; Shepard & Prentiss (Wm. H. Shepard, of counsel), for resp’t.

The answer, besides denying the alleged conversion, interposed a counterclaim for rent. A judgment at special term sustaining the demurrer to the counterclaim was affirmed at general term of the court below and from the judgment of affirmance defendant has attempted to appeal to this court. The remaining issues tendered by the pleadings are untried and that judgments of the character alluded to are severally interlocutory was ruled in Biershenk et al v. Stokes, 46 St. Rep. 179 ; 18 N. Y. Supp. 854 . An appeal to this court from a judgment of the city court of New York may be taken only when the judgment is fined and was rendered upon an appeal to the general term. Code Civ. Proc. § 3191 subd. 1. The appeal must be dismissed with costs. All concur.