Tabor v. Gardner

By the court, Woodruff, J.

In this action, an order was made in the superior court, of the city of Buffalo, striking out a part of the answer of the defendant, on the ground that the same was not sufficiently verified. That order was reversed by the general term of the same court, and it is from the determination of the general term that the plaintiff has appealed, and from that only could he appeal to this court.

The appeal is, therefere, not from an order striking out an answer, or part of an anwer, but from an order in substance and in actual effect refusing to. strike out.

From such an order…