Will v. . Barnwell
New York Court of Appeals
Motion to dismiss an appeal from a final judgment entered October 15, 1909, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer with leave to the plaintiff to plead over within twenty days upon payment of costs.
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Motion to dismiss an appeal from a final judgment entered October 15, 1909, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer with leave to the plaintiff to plead over within twenty days upon payment of costs. The motion was made upon the ground that an appeal from a final judgment entered without direction of the Appellate Division should be first taken to that court and not direct to the Court of Appeals. This action was…
1Opinion of the CourtVann, J.
This motion involves the interpretation of section 1336 of the Code of Civil Procedure, which is as follows: “ Where final judgment is rendered in the court below, after the affirmance, upon an appeal to the Appellate Division of the Supreme Court, of an interlocutory judgment; or after the refusal, by the Appellate Division, of a new trial, either upon an application, made, in the first instance^ at a term thereof, or upon an appeal from an order of the Special Term, or of the judge before whom the issues, or questions of fact, were tried by a jury; the party aggrieved may appeal directly…
2Cases cited5 opinions
- Abbey v. . WheelerNew York Court of Appeals · 1902
- McNamara v. . GoldanNew York Court of Appeals · 1909
- Hollister v. . SimonsonNew York Court of Appeals · 1902
- Leonard v. . BarnumNew York Court of Appeals · 1901
- Leonard v. . BarnumNew York Court of Appeals · 1901
3Cited by6 opinions
- Redman v. . Verplex Art Co., Inc.New York Court of Appeals · 1924
- Rose v. . BristolNew York Court of Appeals · 1917
- Girling v. . City of New YorkNew York Court of Appeals · 1910
- Noble v. . KendallNew York Court of Appeals · 1919
- Bowne v. . ColtNew York Court of Appeals · 1919
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