Fink v. Standard Bread Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Four actions by Louise Fink against the Standard Bread Company. Demurrers to the respective complaints were overruled, and defendant appeals.
1Per curiam
The notice of appeal in each of these cases recites that they are taken from “a judgment rendered against it in the above-entitled action in favor of the plaintiff, * * * and from the order overruling the demurrer to the complaint therein, upon which *206the said judgment was entered.” Although there is attached to each return a statement by the justice who tried the case, but who is now •out of office, to the effect that he “entered judgment on said order overruling the demurrer,” no such judgment appears in the record. It has frequently been held that no appeal lies from an order overruling or…
2Cases cited2 opinions
- Smith v. ElyAppellate Terms of the Supreme Court of New York · 1905
- Sheffield v. RobinsonNew York Supreme Court · 1894
3Cited by2 opinions
- Watson v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1909
- Watson v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1909