Eisner v. Eisner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius H. Eisner, from an interlocutory judgment of the Supreme Court in favor of the defendant, Mark H. Eisner, entered in the office of the clerk of the county of New York on the 4th day of February, 1896, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer to the plaintiff’s complaint, with notice of an intention to bring up for review upon such appeal the decision of the…
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Appeal by the plaintiff, Julius H. Eisner, from an interlocutory judgment of the Supreme Court in favor of the defendant, Mark H. Eisner, entered in the office of the clerk of the county of New York on the 4th day of February, 1896, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer to the plaintiff’s complaint, with notice of an intention to bring up for review upon such appeal the decision of the court upon which the judgment was entered.
1Opinion of the Court
O’Brien, J.:
In form the appeal is from a decision sustaining a demurrer and from the interlocutory judgment entered thereon. We have many *119times reiterated that there is no such practice as an appeal from the decision. Therefore, that must be dismissed, and the question presented is upon the appeal from the interlocutory judgment.
It is a little doubtful as to just what the plaintiff’s theory of this action is, whether one by a co-partner for an accounting, or one to determine an interest in real estate. And this is emphasized by the appellant, who insists upon both grounds; but as these are by…
2Cited by2 opinions
- Rosen v. RosenNew York Supreme Court · 1925
- Maida v. CiccolellaNew York Supreme Court · 1961