¶1The special term judge made an order sustaining the demurrer interposed to the complaint, with leave to the plaintiff to amend on payment of costs. No interlocutory or final judgment has been entered. The appeal is from the order only, and such an appeal will not lie. Bank v. Lynch, 76 N. Y. 514; Whitman v. Nichols, 16 Abb. Pr. (N. S.) 329; Lacustrine Fertilizer Co. v. Lake Guano & S. F. Co., 16 Hun, 484; Gamer v. Harmony Mills, 6 Abb. N. C. 212, 45 N. Y. Super. Ct. 148; Bell v. Sun Co., 1 N. Y. Law Bui. 29; Trust Co. v. Pratt, 25 Hun, 23,-—and similar cases. For these reasons, the appeal must be dismissed, with costs.
29 N.Y.S. 705
Denslow v. Bush
The Superior Court of the City of New York and Buffalo
Decided July 2, 1894
The Superior Court of the City of New York and Buffalo · decided 1894-07-02
<p>Appeal—When Lies—Ruling- on Demurrer.</p> <p>An order sustaining a demurrer is not appealable where no interlocutory or final judgment has been entered.</p>
Cited by 1 later decisions — most recently March 1942
1 district ·
Relies on Cambridge Valley National Bank v. Lynch
Good law ✅— No negative treatment on recordhow we know
Dismissed · Decided 1894-07-02
View the full empirical analysis of this case →