Appellate Terms of the Supreme Court of New York, 1914

McManus v. McManus

Appellate Terms of the Supreme Court of New York · Decided December 4, 1914

150 N.Y.S. 87 (New York Supplement)

Counsel

Peck, Schmidt & Burns, of New York City (Jerome A. Peck, of Port Chester, of counsel), for appellant., Kindleberger & Robinson, of New York City (Charles P. Robinson, of New York City, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

The defendant appeals from an order overruling a demurrer to the complaint. An appeal will not lie from an order overruling or sustaining a demurrer. Muttart v. Muttart, 93 N. Y. Supp. 468; Binder v. Robinson, 59 Misc. Rep. 155, 110 N. Y. Supp. 229. Although the notice of appeal has the words “and judgment” interlined therein after the word “order,” no interlocutory or final judgment appears in the record, and evidently none has been entered, as the certificate of the clerk makes no reference thereto. The appeal must therefore be dismissed.

Appeal dismissed, with $10 costs. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.