Rowe v. Rowe
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Rensselaer County. Action by Mary Chambers Rowe against Benjamin Rowe and Frederick Rowe individually and as executors of the estate of Benjamin F. Rowe, deceased, and others. From an order overruling a demurrer to-the complaint, defendants appeal. Affirmed.
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Appeal from Special Term, Rensselaer County. Action by Mary Chambers Rowe against Benjamin Rowe and Frederick Rowe individually and as executors of the estate of Benjamin F. Rowe, deceased, and others. From an order overruling a demurrer to-the complaint, defendants appeal. Affirmed. Appeal by the defendants Benjamin Rowe, Frederick Rowe, Myra Rowe,, and Eliza A. Rowe from an order of the Albany Special Term, and an interlocutory judgment entered thereupon, in the office of the clerk of the county of Rensselaer on the 13th day of July, 1904, overruling a demurrer by said defendants to the…
1Opinion of the CourtChase, J.
Upon a trial of an issue of law by the court or a referee a decision or report must be filed. Code Civ. Proc. §§ 1010, 1019. The decision of the court or the report of a referee upon the trial of a ■demurrer must direct the final or interlocutory judgment to be entered thereupon, but it is not necessary to make any findings of fact. Code Civ. Proc. § 1021. If the decision is entered in the form of an order (Wright v. Chapin, 74 Hun, 521, 26 N. Y. Supp. 825; Garret v. Wood, 57 App. Div. 242, 68 N. Y. Supp. 157), an appeal cannot be taken therefrom. Evans v. Ogsbury, 2 App. Div. 557, 37 N. Y.…
2Cases cited11 opinions
- Earle v. . EarleNew York Court of Appeals · 1883
- Ducker v. . RappNew York Court of Appeals · 1876
- Knox v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Soldiers' Home of St. Louis v. SageNew York Supreme Court · 1895
- Garrett v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
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