Sheffield v. Robinson
New York Supreme Court
Appeal from special term, New York county. Action by Thomas Sheffield against Frederick Robinson and. others. From an order overruling a demurrer interposed to new • matter set up in the answer of defendant Murray, and from a judgment entered upon the order dismissing the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtVan Brunt, P. J.
It has been repeatedly held in this court and in the court of appeals that an appeal from an order sustaining-■ or overruling a demurrer is not permitted by the Code; the appeal must be from the judgment. Therefore, so much of the appeal as is from the order overruling the demurrer must be dismissed, with $10 costs.
The appeal from the judgment brings up the question as to whether the new matter contained in the answer was sufficient to. constitute a defense to the cause of action set out in the complaint.. It appears that one Thomas L. Sheffield, in February, 1889, filed a. notice of a lien…
2Cases cited2 opinions
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Sheffield v. EarlyNew York Supreme Court · 1893
3Cited by5 opinions
- Barnes v. ArnoldNew York Supreme Court · 1898
- Miller v. YoumansNew York Court of Common Pleas · 1895
- Fink v. Standard Bread Co.Appellate Terms of the Supreme Court of New York · 1908
- Lee v. TimkenNew York Supreme Court · 1894
- First Nat. Bank v. EatonNew York Supreme Court · 1895