Bingemann v. International Railway Co.
New York Supreme Court
Appeal from an order made in the City Court of Buffalo,. denying a motion to dismiss the complaint herein and rendering judgment for defendant on the pleadings.
1Opinion of the CourtPooley, J.
This is an appeal from an order made in the City Court of Buffalo, denying the defendant’s motion at the opening of trial to dismiss the plaintiff’s complaint herein and render judgment for the defendant on the pleadings.
We fail to find any statutory authority for such practice in the City Court, or any statutory right of' appeal to this court from such an order made in the City Court, because this is not a judgment of the City Court, nor a final order, nor an order affecting a substantial right, as prescribed by section 55 of the City Court Act.
If we are to follow the long established rule…
2Cases cited7 opinions
- Sheridan v. . JacksonNew York Court of Appeals · 1878
- Bull v. New York City Railway Co.New York Court of Appeals · 1908
- Ketchum v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Kelly v. . New York City Railway Co.New York Court of Appeals · 1908
- McCarthy v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
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3Cited by1 opinion
- Bingemann v. International Railway Co.New York Supreme Court · 1912