Merceron v. Fowler

The appeal should not have been dismissed. The order of the general term of the Marine Court reversing the special term order granting a new trial, and ordering judgment for the defendant on the verdict, was a final determination, and the judgment so entered was in effect the judgment of the general term. Appeals from such orders have been entertained. (Schwartz v. Oppold, 74 N. Y. 807.) An appeal to this court on a similar principle was entertained in The Manufacturers' & Builders' Bank v. Kiersted (6 Daly, 160), where the general term of the Marine Court, on an appeal from an order denying…