Nealon v. Frisbie

Superior Court of New York

Nealon v. Frisbie

30 N.Y.S. 551, 9 Misc. 660

CourtThe Superior Court of the City of New York and Buffalo

DecidedAugust 27, 1894

StatusPublished

Cited by1 cases

This text of 30 N.Y.S. 551 (Nealon v. Frisbie) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Nealon v. Frisbie, 30 N.Y.S. 551, 9 Misc. 660 (superctny 1894).

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Opinion

PER CURIAM.

The notice of appeal states that the defendant -appeals from the order overruling the demurrer. No appeal lies from such an order. Garner v. Harmony Mills, 45 N. Y. Super. Ct. 148; Campbell v. Cotton Exchange, 47 N. Y. Super. Ct. 558; Bank v. Lynch, 76 N. Y. 514. Moreover, the order is incomplete in not directing the final or interlocutory judgment to be entered thereon, as required by section 1021 of the Code. The remedy in ■this respect is by motion. The appeal must be dismissed, with ■costs.

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PER CURIAM.

The notice of appeal states that the defendant -appeals from the order overruling the demurrer. No appeal lies from such an order. Garner v. Harmony Mills, 45 N. Y. Super. Ct. 148; Campbell v. Cotton Exchange, 47 N. Y. Super. Ct. 558; Bank v. Lynch, 76 N. Y. 514. Moreover, the order is incomplete in not directing the final or interlocutory judgment to be entered thereon, as required by section 1021 of the Code. The remedy in ■this respect is by motion. The appeal must be dismissed, with ■costs.

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30 N.Y.S. 551, 9 Misc. 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nealon-v-frisbie-superctny-1894.

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