Lake v. . Gibson
New York Court of Appeals
The plaintiff had a verdict in the' New-York superior court on which judgment was duly entered. The defendant appealed to this court.
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The plaintiff had a verdict in the' New-York superior court on which judgment was duly entered. The defendant appealed to this court. No case or bill of exceptions had been made, nor any motion in the superior court to set aside the verdict. moved to dismiss the appeal, and cited sections 11 and 282 of the code of 1848. He insisted that, although an appeal was substituted for a writ of error, yet the right of review, except in cases where there has been an actual determination of the subordinate court, was abrogated.
1Per curiam
An appeal will not lie unless there has been an actual determination at a general term. A writ of error, by the former practice, would lie to bring up the record merely. •But writs of error are abolished by the code, and the appeal allowed by that enactment does not extend to such a case.
Appeal dismissed.
2Cited by1 opinion
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1875