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Wensley v. Randolph

61 N.Y. St. Rep. 131 Court N.Y.C.P. Decision date 1894-08-01 English

Contents

Majority

p. 131
George W. Wensley, App’lt, v. Wilton Randolph, Resp’t.
(New York, Common Pleas, General Term,
Filed August 1, 1894.)

Headnote

Appeal—Interlocutory order—Summary proceedings.
No appeal lies to the common pleas from an interlocutory order of a district court, in summary proceedings.
Appeal from an order of the justice of the district court for the second judicial district granting a motion to open a default.
Wensley & Gilroy, for app’lt; Harrison & Byrd, for def’t.

The power of this court to entertain appeals from district courts is purely statutory. Ho authority for entertaining an appeal from an interlocutory order has been brought to our attention. Our jurisdiction is limited to appeals from judgments, and final orders in summary proceedings. See Jacobs v. Zeltner, 61 St. Rep., handed down with herewith. This appeal must therefore be dismissed with costs to respondent.