Rowe v. Rowe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Benjamin Rowe and Frederick Rowe, individually and as executors, etc., of Benjamin F. Rowe, deceased, 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 Rensselaer on the 13th day of July, 1904, upon the decision of the court, rendered after a trial at the Albany Special Term, overruling the 'said defendants’ demurrer to the plaintiff’s complaint, and also…
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Appeal by the defendants, Benjamin Rowe and Frederick Rowe, individually and as executors, etc., of Benjamin F. Rowe, deceased, 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 Rensselaer on the 13th day of July, 1904, upon the decision of the court, rendered after a trial at the Albany Special Term, overruling the 'said defendants’ demurrer to the plaintiff’s complaint, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 13th day of July, 1904, overruling…
1Opinion of the Court
Chase, 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; Garrett v. Wood; 57 App. Div. 242; 9 N. Y. Ann. Cas. 292) an appeal cannot be taken therefrom. (Evans v. Ogsbury, 2 App. Div. 557; Unckles v.…
2Cases cited6 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
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Schenectady Contracting Co. v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Kramer v. BarthAppellate Terms of the Supreme Court of New York · 1913
- Kramer v. BarthAppellate Terms of the Supreme Court of New York · 1913