2 N.Y. 188
Decided March 5, 1849
New York Court of Appeals · decided 1849-03-05
The plaintiff had a verdict in the' New-York superior court on which judgment was duly entered. The defendant appealed to this court. No case or bill of exceptions had been made, nor any motion in the superior court to set aside the verdict. moved to dismiss the appeal, and cited sections 11 and 282 of the code of 1848.
Decided 1849-03-05
¶1 An appeal will not lie unless there has been an actual determination at a general term. A writ of error, by the former practice, would lie to bring up the record merely. •But writs of error are abolished by the code, and the appeal allowed by that enactment does not extend to such a case.
¶2 Appeal dismissed.