Hyperlawhypertext legal database Ludwig v. Gove 70 N.Y. St. Rep. 449

← Cases

Ludwig v. Gove

70 N.Y. St. Rep. 449 Court N.Y. City Ct. Decision date 1895-10-29 English

Delivered by Fitzsmons,- J.

Contents

Majority

p. 449
Bernard J. Ludwig, et al., Resp’ts, v. Rolland E. Gove, App’lt.
(New York City Court, General Term,
Filed October 29, 1895.)

Headnote

Appeal—Order sustaining demurrer.
An order, sustaining a demurrer with leave to amend, is not appealable.
Appeal from an order, sustaining a demurrer to the answer with leave to amend. 4
Fellowes & Wright, for app’lt; Wager & AcTcer, for resp’t.

The plaintiffs demurred to the defendant’s answer. The demurrer was sustained, with leave to the defendant to amend his answer. An order to that effect was entered. From such order this appeal is taken. The appeal must be dismissed, because from the order entered herein no appeal lies. Denslow v. Bush, 9 Misc. Rep. 337 ; 60 St. Rep. 608 .

Appeal dismissed, with costs.

Cases cited