Kramer v. Barth
Appellate Terms of the Supreme Court of New York
Appeal from the order of the City Court overruling the demurrer interposed by the defendant and also from “ the paper dated November 1, 1912, entered in pursuance of said order purporting to be an interlocutory judgment assumed, claimed and intended to be an interlocutory judgment herein, which said paper- was filed and entered in the office of the clerk of this court on November 1, 1912.”
1Opinion of the CourtPage, J.
There is no right of an appeal from a “ paper.” There was a judgment entered upon the failure of the defendants, as is recited in the judgment, to avail themselves of the permission granted in the order overruling the demurrer to withdraw the demurrer and serve an answer. This is not an interlocutory judgment, nor does it purport *81to be such. It is a final judgment. The affidavit showing the default of the defendants, recited in the judgment, is not included in the printed papers on appeal and is not before us. If the order of October 23, 1912, which recited "the prior orders, was not served…
2Cases cited11 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Hall v. GilmanAppellate Division of the Supreme Court of the State of New York · 1902
- People v. Bleecker Street & Fulton Ferry RailroadNew York Supreme Court · 1910
- de Turckheim v. ThomasAppellate Division of the Supreme Court of the State of New York · 1906
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