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New York Supreme Court, 1895

First Nat. Bank v. Eaton

First Nat. Bank v. Eaton
New York Supreme Court · Decided February 15, 1895 · Hardin
32 N.Y.S. 652 (New York Supplement)

Counsel

Argued before HARDIN, P. J., and MARTIN and MERWIN, JJ. H. C. Cook, for appellants., A. E. Kilby, for respondent.

First Nat. Bank v. Eaton

Opinion of the Court

HARDIN, 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.

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