Legal Opinion

Smith v. Cornell

The Superior Court of New York City

Decided May 3, 1886Published

Appeal, as stated in the notice of appeal, from an order or interlocutory judgment entered at special term, sustaining the demurrer of the defendant to the plaintiff’s complaint.

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Appeal, as stated in the notice of appeal, from an order or interlocutory judgment entered at special term, sustaining the demurrer of the defendant to the plaintiff’s complaint. The facts sufficiently appear in the opinion. argued :—I. The assignment of the bond and mortgage by Charles Lanier to the plaintiff, carried with it, and transferred to her, the right to the money advanced, and to secure which the bond and mortgage were given, and all claims against any person as collateral and incidental to it (Bolen v. Crosby, 49 N. Y. 187 ; Campbell v. Birch, 60 Ib. 218 ; Gerwig v. Setterly, 56…

1Opinion of the Court

By the Court.

Ingraham, J.

From the record as printed it does not appear that any interlocutory judgment was entered on the order of the special term sustaining the demurrer. All that appears is an order of the special term, entered January 4, 1886, sustaining the demurrer, and the appeal is from the order or interlocutory judgment entered herein. No interlocutory judgment is printed, and it does not appear that any was ever entered. It has been settled by repeated decisions that no appeal lies from an order sustaining or overruling a demurrer (Lovatt v. Watson, 52 Super. Ct. 544, and cases…

2Cases cited1 opinion

  1. Board of Supervisors of Livingston v. WhiteNew York Supreme Court · 1859

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