Monroe-Miller Co. v. Stokes
This text of 29 N.Y.S. 718 (Monroe-Miller Co. v. Stokes) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The answer, besides denying the alleged conversion, interposed a counterclaim for rent. A judgment at special term, sustaining the demurrer to the counterclaim, was affirmed at general term of the court below, and from the judgment of affirmance defendant has attempted to appeal to this court. The remaining issues tendered by the pleadings are untried, and that judgments of the character alluded to are severally interlocutory was ruled in Biershenk v. Stokes (Com. Pl. N. Y.) 18 N. Y. Supp. 854. An appeal to this court from a judgment of the city court of New York may be taken only when the judgment is final and was rendered upon an appeal to the general term. Code Civ. Proc. § 3191, subd. 1. The appeal must be dismissed, with costs.
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Cite This Page — Counsel Stack
29 N.Y.S. 718, 9 Misc. 170, 60 N.Y. St. Rep. 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-miller-co-v-stokes-nyctcompl-1894.