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Lee v. Timken

62 N.Y. St. Rep. 764 Court N.Y. Gen. Term Decision date 1894-10-12 English

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p. 764
Emeline Lee, App’lt, v. Mary A. Timken, Resp’t.
(Supreme Court, General Term, First Department,
Filed October 12, 1894.)

Headnote

Appeal—What appealable.
An order sustaining or overruling a demurrer is not appealable.
Appeal from an order sustaining a demurrer to the complaint.
V. W. Kingsley, for app’lt; George K Mott, for resp’t.

As we have had occasion to point out in the case of Sheffield v. Robinson (decided herewith) 62 St. Rep. 763 ; 30 N. Y. Supp. 799 , an order sustaining or overruling a demurrer is not appealable; the appeal must be from the judgment. Appeal accordingly dismissed, with $10 costs and disbursements.