Bauman v. New-York Central Railroad
New York Supreme Court
The defendants move to dismiss the appeal in this case, on the ground that it is taken as from an order, and without giving any security. They demurred to the complaint, and. upon the trial of the issue of law thereby formed, it was ordered that the defendants have judgment. Leave to amend was not given.
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The defendants move to dismiss the appeal in this case, on the ground that it is taken as from an order, and without giving any security. They demurred to the complaint, and. upon the trial of the issue of law thereby formed, it was ordered that the defendants have judgment. Leave to amend was not given. An appeal was taken by the plaintiff, by serving a notice on the attorney of the defendants and the clerk, expressing “ that the plaintiff appeals from the order for judgment on the demurrer.” No undertaking has been filed.
1Opinion of the Court
By the court, T. R. Strong, Justice.
This appeal was taken under § 349 of the Code. That section relates exclu*219sively to orders, and authorizes an appeal to the general term, among other cases, <£ from an order made at special term,” &c., “when it sustains or overrules a demurrer.” The subject appealed from must be an “ order.” By § 400, the term, order, is defined : “ Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order.” Section 245 defines a judgment: It is “the final determination of the rights of the parties in the…
2Cases cited1 opinion
- Grant v. RootNew York Supreme Court · 1824
3Cited by1 opinion
- Mora v. Le RoyCalifornia Supreme Court · 1881