Morehouse v. Yeager
The Superior Court of New York City
Appeal from an order. The motion at the special term was for an order directing certain parts of the complaint to be stricken out as “irrelevant and redundant.” The motion was denied, and the defendant appealed.
1Opinion of the Court
By the Court.—Monell, Ch. J.
Any order made at special term which “involves the merits of the action or affects a substantial right,” may be reviewed on appeal by the general term. Code. § 349.
The construction of this section in recent cases, renders it immaterial whether the order is one which is within the discretion of the court or otherwise (Matter of Duff, 41 How. Pr. 350 ; People v. N. Y. Central R. R. Co., 29 N. Y. 418; Gray v. Fisk, 53 Id. 630 ; *51Livermore v. Bainbridge, 15 Abb. Pr. N. S. 436); the test of its appealability, and the only test, being, whether the merits of the action are…
2Cases cited5 opinions
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Tallman v. HinmanNew York Supreme Court · 1854
- In re DuffNew York Court of Appeals · 1870
- Salters v. GeninThe Superior Court of New York City · 1860
- Murphy v. DickinsonNew York Supreme Court · 1870
3Cited by1 opinion
- Rice v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1878