McManus v. McManus
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Eulah McManus against Arthur J. McManus. From a Municipal Court order overruling a demurrer to the complaint, defendant appeals. Dismissed.
1Per curiam
The defendant appeals from an order overruling a demurrer to the complaint. An appeal will not lie from an order overruling or sustaining a demurrer. Muttart v. Muttart, 93 N. Y. Supp. 468; Binder v. Robinson, 59 Misc. Rep. 155, 110 N. Y. Supp. 229. Although the notice of appeal has the words “and judgment” interlined therein after the word “order,” no interlocutory or final judgment appears in the record, and evidently none has been entered, as the certificate of the clerk makes no reference thereto. The appeal must therefore be dismissed.
Appeal dismissed, with $10 costs. All concur.
2Cases cited2 opinions
- Binder v. RobinsonAppellate Terms of the Supreme Court of New York · 1908
- Muttart v. MuttartAppellate Terms of the Supreme Court of New York · 1905
3Cited by1 opinion
- Wiesenberg v. RosenbergNew York Supreme Court · 1914