Robinson v. Chinese Charitable & Benevolent Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary E. Robinson, from an order of the ' Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of March, 1899, dismissing the complaint upon the plaintiff’s opening upon the ground that.it did not state a cause of action.
1Opinion of the Court
Van Brunt, P. J.:
It is difficult to see how the ruling of the court upon the trial of this action can be reviewed except upon an appeal from a judgment when such judgment shall be entered. The order appealed from was a mere decision upon the trial, holding that, in view of the admissions of the plaintiff, no recovery could be had upon the complaint as it stood. Such decision cannot be reviewed upon an apjieal; but a judgment must be entered, an appeal taken from the judgment, a case made and the appeal brought up in the regular way.
We think, therefore, that the appeal must be dismissed, with…
2Cited by3 opinions
- Donnelly v. BauderAppellate Division of the Supreme Court of the State of New York · 1926
- Kromback v. Pennsylvania Steel Co.Appellate Terms of the Supreme Court of New York · 1903
- Withers v. StateAppellate Division of the Supreme Court of the State of New York · 1901