Schreyer v. Mayor of New York

Monell, Ch. J. (concurring in the conclusion of the Court).

Without examining the merits of the questions presented upon this appeal, I am satisfied that the order was so wholly discretionary, and did not involve the merits of the action, or affect a substantial right, that it is not the subject of review on appeal.

This subject was fully considered in the Common Pleas in Bowman v. De Peyster (2 Daly 203), which was precisely like the case before us, and it was there held that the order was not appealable.

But later, in this court (Simmons v. Lyons, 35 Sup’r Ct. 555), a motion granted at the…