Phipps v. Van Cott

By the Court, S. B. Strong, J.

—In this case, the defendants demurred to the entire complaint. The court at special term sustained the demurrer, and ordered judgment for the defendants, unless the plaintiffs should amend their complaint and pay the costs of the demurrer within twenty days. The plaintiffs appealed from the decision as an order within the twenty days, and stayed the defendants from entering judgment. The defendants now move to dismiss the appeal on the ground that it is in terms from an order, whereas it should have been from a judgment, in which latter case essentially…