Spies v. Munroe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Munroe and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of July, 1898, upon the decision of the court rendered after a trial at the New York Special Term sustaining the demurrer interposed by the plaintiff to the third defense set up in the defendants’ amended answer, and also (as stated in the notice of appeal) from the…
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Appeal by the defendants, John Munroe and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of July, 1898, upon the decision of the court rendered after a trial at the New York Special Term sustaining the demurrer interposed by the plaintiff to the third defense set up in the defendants’ amended answer, and also (as stated in the notice of appeal) from the decision upon which said interlocutory judgment was entered.
1Opinion of the Court
McLaughlin, J.:
The demurrer was interposed to the third separate defense set out in the defendants’ answer upon the ground that it was insufficient in law and that it did not constitute a defense to the-plaintiff’s cause of action. The demurrer was sustained and the defendants appealed, not only from the interlocutory judgment, but also from the decision upon which it was entered. There is no authority for appealing from the decision. (Cambridge Valley Nat. Bank v. *528Lynch, 76 N. Y. 514.) The appeal must be from the interlocutory jridgment. (Oode Civ. Proc. § 1349.) So much, therefore, of the…
2Cases cited3 opinions
- Cambridge Valley National Bank v. LynchNew York Court of Appeals · 1879
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- Westervelt v. Agrumaria Sicula Societa Anonima di Trasporti MarittimiNew York Supreme Court · 1890
3Cited by7 opinions
- Banner Milling Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1924
- Betor v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1920
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Gansevoort Bank v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1906
- John Johnson Construction Co. v. City of JamestownAppellate Division of the Supreme Court of the State of New York · 1921
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