Stokes v. Stokes
New York Supreme Court
Appeal from special term, New York county. Action by Edward S. Stokes against W. E. D. Stokes for libel. From an interlocutory judgment overruling a demurrer to part of the complaint, and from an order directing the entry of said Interlocutory judgment, defendant appeals. Affirmed.
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Appeal from special term, New York county. Action by Edward S. Stokes against W. E. D. Stokes for libel. From an interlocutory judgment overruling a demurrer to part of the complaint, and from an order directing the entry of said Interlocutory judgment, defendant appeals. Affirmed. For former report see 25 N. Y. Supp. 405. The first count of the complaint to which the demurrer was taken is as follows: (1) That at all the times hereinafter mentioned plaintiff was, and still is, the president and manager of the business of the corporation known as the “Hoffman House,” carrying on in the city of…
1Opinion of the CourtVan Brunt, P. J.
So far as the appellant has appealed from the order or decision of the court directing the entry of an interlocutory judgment, the appeal must be dismissed, with $10 costs. It has been held by the court of appeals that such an order is not appealable, which rule has been followed by this court. It is true that different decisions have been made by the superior court of this city, but it is manifest from the decision of the court of appeals in Bank v. Lynch, 76 N. V. 514, that the only appeal is from the judgment. Wright v. Chapin, (Sup.) 26 N. Y. Supp. 825.
The appellant claims that no…
2Cases cited2 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Wright v. ChapinNew York Supreme Court · 1893
3Cited by9 opinions
- Klaw v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Adams v. ScottSouth Dakota Supreme Court · 1914
- Biggert v. NicholsCity of New York Municipal Court · 1896
- Klaw v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Van Heusen v. ArgenteauAppellate Division of the Supreme Court of the State of New York · 1908
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