Summary
In Robinson v. Chinese Association (42 App. Div. 65) an order made upon a trial at Special Term dismissing a complaint upon plaintiff's opening upon the ground that it did not state a cause of action, was held not appealable. The remedy of the aggrieved party was held to be by appeal from the judgment entered thereupon.
Summary of this case from Withers v. State of New YorkOpinion
June Term, 1899.
M.E. Duffy, for the appellant.
Samuel Greenbaum, for the respondent.
It is difficult to see how the ruling of the court upon the trial of this action can be reviewed except upon an appeal from a judgment when such judgment shall be entered. The order appealed from was a mere decision upon the trial, holding that, in view of the admissions of the plaintiff, no recovery could be had upon the complaint as it stood. Such decision cannot be reviewed upon an appeal; but a judgment must be entered, an appeal taken from the judgment, a case made and the appeal brought up in the regular way.
We think, therefore, that the appeal must be dismissed, with ten dollars costs and disbursements.
BARRETT, RUMSEY, PATTERSON and O'BRIEN, JJ., concurred.
Appeal dismissed, with ten dollars costs and disbursements.