Legal Opinion
Biggert v. Nichols
City of New York Municipal Court
Decided December 15, 1896PublishedCited by 1 opinion
Appeal from an order sustaining a demurrer to an answer, with leave to amend.
1Opinion of the CourtO’Dwyer, J.
It has been well settled that an appeal will not lie from an order sustaining a demurrer to an answer with leave to amend.
The appeal in this case was taken from an order to this effect, and under many authorities it is Well settled that such an appeal .must be dismissed. Ludwig v. Gove, 14 Misc. Rep. 233; Stokes v. Stokes, 76 Hun, 314; Cambridge Valley Bk. v. Lynch, 76 N. Y. 514.
On the hearing of this appeal, the appellant applied for leave to amend the notice of appeal and undertaking on appeal so as to make the appeal from the judgment instead of the order.
*597The application should be denied…
2Cases cited3 opinions
- Cambridge Valley National Bank v. LynchNew York Court of Appeals · 1879
- Stokes v. StokesNew York Supreme Court · 1894
- Ludwig v. GoveCity of New York Municipal Court · 1895
3Cited by1 opinion
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910