General
The People ex rel. Edwin T. Robinson, Appellant, v. Thomas McManus, Respondent
47 N.Y. 661·New York Court of Appeals·1872·NY
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Opinion
The People ex rel. Edwin T. Robinson, Appellant, v. Thomas McManus, Respondent.
A General Term order granting a new trial on a traverse of an inquisition of forcible entry and detainer, is not appealable. It is not “in an action.” ,
(Argued January 26, 1872;
decided January 31, 1872.)
Appeal from order of the General Term of the Supreme Court in the third judicial district, granting a new trial on a traverse of an inquisition of forcible entry and detainer.
Appeal dismissed, upon the ground that it is not an action, and that the order is, therefore, not appealable.
L. Trema/m for appellant.
Samuel Hand for respondent.
[MAJORITY]
Agree to dismiss upon authority of People ex rel. Cooper v. Field, decided January 24, 1871; opinion by Grover, J., Peckham, J., not voting.