Smith v. Ely
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order sustaining the demurrer to the complaint made by the Municipal Court of the city of Hew York, thirteenth district, borough of Manhattan.
1Opinion of the CourtGiegerich, J.
The notice of appeal recites that the plaintiff appeals “ from the order and judgment entered herein sustaining the demurrer of the defendants to the plaintiff’s complaint.” The record, however, discloses that the only step taken in the lower court was the entry of an order sustaining such demurrer and granting leave to the plaintiff to file an amended complaint upon terms, and that no judgment was ever entered upon such order.
Section 334 of the Municipal Court Act clearly contemplates the entry of a judgment upon a demurrer and unless such act contains a provision for the taking of an appeal…
2Cases cited3 opinions
- Cambridge Valley National Bank v. LynchNew York Court of Appeals · 1879
- Pascocello v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1899
- Ridgway v. BaconNew York Supreme Court · 1893
3Cited by9 opinions
- Fink v. Standard Bread Co.Appellate Terms of the Supreme Court of New York · 1908
- Siegel v. CantwellAppellate Terms of the Supreme Court of New York · 1912
- Watson v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1909
- Anderson v. City of New YorkAppellate Terms of the Supreme Court of New York · 1908
- Brows v. ReiterAppellate Terms of the Supreme Court of New York · 1906
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