Bedell v. Stickles
New York Supreme Court
—Justices Morse, Barculo and Brown. In this case Justice Wright made an order on the application of the defendant, refusing to strike out certain matters contained in the complaint, which defendant’s counsel moved to strike out as redundant and irrelevant. The defendant, thereupon, appeals from that decision to the general term, and contends that this court should now strike out those facts which the justice refused to strike out.
1Opinion of the Court
By the Court, Barculo, Justice.
—The question as to what cases are appealable from the decision of a single justice, was presented several times at the last general term of this court held at Brooklyn. We therefore took the matter into consideration, with a view of settling the practice in this district; and now take this occasion to state our conclusions.
In the first place, we are of opinion that section 349 of the code relates only to appeals from “ orders and judgments in civil actions.” This is apparent as well from the language of the section as the language of section 323, which is the…
2Cited by1 opinion
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