Pope v. Dinsmore

By the Court.—Pratt, J.

The defendants in this ease declined to appear upon the trial, and have appealed to the *430general term, from the judgment without a case or exceptions, and the motion now is made on the part of the plaintiffs to dismiss the appeal. I am of opinion that the appeal should he dismissed.

It is claimed on the part of the defendants that an objection to the sufficiency of the complaint may be taken for the first time upon appeal. If that be so, the appeal cannot be dismissed ; but if the complaint be sufficient, the judgment should be affirmed. It is true that when the complaint…