Howard v. Sattler

Appellate Terms of the Supreme Court of New York

Howard v. Sattler

107 N.Y.S. 24

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 29, 1907

StatusPublished

This text of 107 N.Y.S. 24 (Howard v. Sattler) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howard v. Sattler, 107 N.Y.S. 24 (N.Y. Ct. App. 1907).

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Opinion

PER CURIAM.

Notwithstanding the notice of appeal herein recites that the defendant Sattler appeals from an “interlocutory judgment entered herein on the 30th day of October, 1906,” no such judgment appears to have been entered. There is an order bearing that date, directing that "an interlocutory judgment be entered,” etc.; but the record contains no interlocutory judgment. An appeal will not lie from an order only. Muttart v. Muttart (Sup.) 93 N. Y. Supp. 468. It must be from the judgment.

Appeal dismissed, with $10 costs.

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PER CURIAM.

Notwithstanding the notice of appeal herein recites that the defendant Sattler appeals from an “interlocutory judgment entered herein on the 30th day of October, 1906,” no such judgment appears to have been entered. There is an order bearing that date, directing that "an interlocutory judgment be entered,” etc.; but the record contains no interlocutory judgment. An appeal will not lie from an order only. Muttart v. Muttart (Sup.) 93 N. Y. Supp. 468. It must be from the judgment.

Appeal dismissed, with $10 costs.

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Bluebook (online)

107 N.Y.S. 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-sattler-nyappterm-1907.

Opinion

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