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First National Bank v. Eaton

66 N.Y. St. Rep. 34 Court N.Y. Gen. Term English

Delivered by Hardin, P. J.

Contents

Majority

p. 34
First National Bank of Carthage, Resp’t, v. Prosper L. Eaton et al., App’lts.
(Supreme Court, General Term, Fourth Department
Filed February, 1895.)

Headnote

Appeal—Appealable order.
No appeal lies from an order, sustaining a demurrer to a part of the answer.
Appeal from an order snstaining a demurrer.
H. C. Cook, for app’lts; A. E. Kilby, for resp’t.

As the appeal is from an order sustaining the demurrer to a part of defendants’ answer, and no appeal is taken from any interlocutory judgment, the appeal should be dismissed, Code, section 1349; Bank v. Lynch, 76 N. Y. 514 ; Sheffield v. Robinson, 62 St. Rep. 763 ; Lee v. Timken, id. 764 ; Haffey v. Lynch, 68 Hun, 507 ; 52 St. Rep. 762 . The appeal should be dismissed.

Appeal dismissed, without costs.

All concur.

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