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Lake vs. Gibson

New York Court of Appeals1849-03
2 N.Y. 188

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

An appeal will not lie unless there has been an actual determination at a general term. A writ of error by the former practice, would lie to bring up tne record merely, But writs of error are abolished by the code, and the appeal al lowed by that enactment does not extend to such a case. Appeal dismissed.

Gridley v. Daggett, 6 How. Pr. 280. Cook v. Allen, 5 Hun 561. No appeal lies directly to the court of appeals from a judgment at special term. Potter v. Van Vranken, 36 N. Y. 619. Wade v. Delaware, Lackawanna and Western Railroad Co., 41 Ibid. 520.