Majority
p. 592John M. Helck, as Administrator, etc., Appellant, v. Henry Reinheimer et al., Impleaded, etc., Respondents. Court of Appeals, April 22, 1890.
Headnote
See 14 N. Y. St. Eep. 465.Appeal. Order not final.—An order of the general term granting a motion to vacate an order and judgment for costs, which were irregularly entered, hut without prejudice, however, to an application at special term for costs, is not a final order, and, therefore, not appealable to the court of appeals.
Appeal from an order of the general term of the supreme court, reversing order and judgment for costs, without prejudice to the application to special term for costs on appeal to general term, and to the court of appeals for costs of the appeal to the latter court.
John F. Anderson, for appellant.
T. F. Bush, for respondent.
We dismiss this appeal because the order is not final. It leaves the right involved to the future action of the supreme court, and having been irregularly-entered without the authority of that court was liable to be vacated, and we must either affirm the order or dismiss the appeal. The latter remedy will leave the ultimate question open to the privilege conferred by the general term, since the remittitur from this court awarded costs of the appeal in this court, and went no further than that.
Appeal dismissed with costs.
All concur.