Village of Dresden v. County of Yates

Appeal dismissed, without costs, on the ground that the order is not a final order and hence is not appealable. (See Civ. Prae. Act, § 1304.) Memorandum: The order appealed from merely declares that the petitioners are entitled to an order and judgment herein directing the respondents to rebuild the bridge and to reopen the highway. There is no provision in the order requiring or commanding that they do so. (See Civ. Prac. Act, § 1300.) All concur, except MeCurn, J., who dissents and votes for affirmance in the following memorandum: The order from which the appeal is taken was entered upon…