George v. Day

Robertson, Ch. J. (dissenting.)

The first question tó be disposed of on this appeal, is whether the adjudication appealed from may be reviewed as an order and is therefore appealable under section 349 of the Code before judgment is completed, or only under section 329, when it accompanies the judgment upon an appeal therefrom. In any event it is reviewable on appeal in the same mode. (Briggs v. Bergen, 23 N. Y. Rep. 163.) It was obtained on a motion under the 247th section of the Code, and not on the trial of an issue of law upon a hearing. There is no good reason why such a decision upon a…