Thompson v. Schieffelin

This is an appeal from an order made at special term, overruling a demurrer to the complaint as frivolous, and granting judgment, with the privilege to the defendant to plead anew, which by this appeal he declines to accept. An appeal does not lie from this order. The decision was, as urged by the appellant, under section 1021, Code of Civil Procedure, under which the rule was settled by the court of appeals in the case of The Cambridge Valley National Bank agt. Lynch (76 N. Y., 514), wherein the court held that under this Code, as under the former Code, the decision of the court overruling…