Legal Opinion
First Nat. Bank v. Eaton
New York Supreme Court
Decided February 15, 1895Published
Appeal from special term. Action by the First National Bank of Carthage against Prosper L. Eaton and others. From an order sustaining a demurrer to the fifth count of the answer, with leave to answer over, defendants appeal. Dismissed.
1Opinion of the CourtHardin, P. J.
As the appeal is from an order sustaining the demurrer to a part of defendants’ answer, and no appeal is taken from any interlocutory judgment, the appeal should be dismissed. Code, § 1349; Bank v. Lynch, 76 N. Y. 514; Sheffield v. Robinson (Sup.) 30 N. Y. Supp. 799; Lee v. Timken, Id., 800; Haffey v. Lynch, 68 Hun, 507, 23 N. Y. Supp. 59. The appeal should be dismissed. Appeal dismissed, without costs. All concur.
2Cases cited3 opinions
- Cambridge Valley National Bank v. LynchNew York Court of Appeals · 1879
- Haffey v. LynchNew York Supreme Court · 1893
- Sheffield v. RobinsonNew York Supreme Court · 1894