Armstrong v. Weed

Full title: THOMAS ARMSTRONG, Respondent, v . SMITH M. WEED, Appellant

Court: Court of Appeals of the State of New York

Date published: Jun 8, 1875

62 N.Y. 250 (N.Y. 1875)

Opinion

Argued May 25, 1875

Decided June 8, 1875

Geo. W. Miller for the appellant. Thos. Armstrong for the respondent.

ALLEN, J.

An order overruling a demurrer to a complaint, whether upon the merits or as frivolous, with leave to the defendant to answer, and upon failure to answer directing damages to be assessed by a jury upon a writ of inquiry, is not among the orders from which appeals may be taken to this court. The orders that may be reviewed by the Court of Appeals are specified in section 11 of the Code, and this class of orders is not among them. ( Paddock v. Springfield F. and M. Ins. Co., 2 Ker., 591; Briggs v. Bergen, 23 N.Y., 162; Adams v. Fox, 27 id., 640; People v. Benedict, 47 id., 667.)

The appeal must be dismissed.

All concur.

Appeal dismissed.