Cosgriff v. Dewey

New York Supreme Court

Cosgriff v. Dewey

34 N.Y.S. 999, 96 N.Y. Sup. Ct. 4, 69 N.Y. St. Rep. 111

DecidedJuly 26, 1895

StatusPublished

This text of 34 N.Y.S. 999 (Cosgriff v. Dewey) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cosgriff v. Dewey, 34 N.Y.S. 999, 96 N.Y. Sup. Ct. 4, 69 N.Y. St. Rep. 111 (N.Y. Super. Ct. 1895).

Pincite

Opinion

DYKMAN, J.

This is an appeal from an order denying the motion of the defendant to dismiss the complaint upon the trial, and appointing a referee to take proof of the amount and value of the rock quarried or removed by the defendant from the premises referred to in the complaint, and of such material sold by him subsequent to the 1st day of March, 1892; also of the expenses of quarrying, removing, and selling the same, and of the profits thereof, and report to this court with his opinion. The order so entered is an interlocutory order, under which testimony is to be taken for the information of the court. Upon the coming in of that testimony the court will enter a final judgment. No appeal can be taken from an order made upon a ruling of the trial judge "during the trial. All exceptions to such rulings are presented by the appeal from the final judgment. This appeal from the interlocutory order is premature, and must be dismissed.

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DYKMAN, J.

This is an appeal from an order denying the motion of the defendant to dismiss the complaint upon the trial, and appointing a referee to take proof of the amount and value of the rock quarried or removed by the defendant from the premises referred to in the complaint, and of such material sold by him subsequent to the 1st day of March, 1892; also of the expenses of quarrying, removing, and selling the same, and of the profits thereof, and report to this court with his opinion. The order so entered is an interlocutory order, under which testimony is to be taken for the information of the court. Upon the coming in of that testimony the court will enter a final judgment. No appeal can be taken from an order made upon a ruling of the trial judge "during the trial. All exceptions to such rulings are presented by the appeal from the final judgment. This appeal from the interlocutory order is premature, and must be dismissed.

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Bluebook (online)

34 N.Y.S. 999, 96 N.Y. Sup. Ct. 4, 69 N.Y. St. Rep. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosgriff-v-dewey-nysupct-1895.