Dickson v. Manhattan Railway Co.

Upon the trial of the issues in the City Court, after both parties had rested, plaintiff’s complaint was dismissed and the exceptions were ordered to be heard at the Appellate Term in the first instance and the entry of judgment was suspended in the meantime. The case, therefore, does not come before the Appellate Term upon an appeal but pursuant to the order ordering plaintiff’s exceptions to be heard there in the first instance before judgment.

This at once presents the question whether the Appellate Term as constituted by and under the rules of the Appellate *573Division has jurisdiction to…