Evans v. . Millard

New York Court of Appeals

Evans v. . Millard

16 N.Y. 619

DecidedMarch 5, 1858

StatusPublished

This text of 16 N.Y. 619 (Evans v. . Millard) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. . Millard, 16 N.Y. 619 (N.Y. 1858).

Pincite

Opinion

Johnson, Ch. J.

It is entirely clear that this appeal $an-not be sustained. It is not an appeal from a judgment, but from an order. It therefore is not embraced by the first subdivision of section eleven of the Code. The order does not in *612 effect determine the action; on the contrary, it allows the action to proceed, without professing to touch, by decision, the merits. The second subdivision, therefore, does not reach it. NTor is it a final order, affecting a substantial right, made upon a summary application in an action after judgment under the third subdivision. It is not final, but directs a new trial.

The appeal must therefore be dismissed.

All the judges concurring,

Appeal dismissed

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Johnson, Ch. J.

It is entirely clear that this appeal $an-not be sustained. It is not an appeal from a judgment, but from an order. It therefore is not embraced by the first subdivision of section eleven of the Code. The order does not in *612 effect determine the action; on the contrary, it allows the action to proceed, without professing to touch, by decision, the merits. The second subdivision, therefore, does not reach it. NTor is it a final order, affecting a substantial right, made upon a summary application in an action after judgment under the third subdivision. It is not final, but directs a new trial.

The appeal must therefore be dismissed.

All the judges concurring,

Appeal dismissed

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Bluebook (online)

16 N.Y. 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-millard-ny-1858.