Charles Heinrich et al., Respondents, v. Charles Kom, Appellant

Charles Heinrich et al., Respondents, v. Charles Kom, Appellant. An action commenced in one of the district courts of the city of New York, and removed to the Common Pleas of that city pursuant to section 37 of chapter 344, Laws of 1857, permitting actions to be so removed Where the claim or demand exceeds $100, is an action commenced in Justices’ Court, and is not appealable to this court, unless the General Term from whose judgment the appeal is brought shall by order allow such appeal as prescribed by section 11, subdivision 3 of the Code. The removal of the action to the Court of Common Pleas did not give it the character of an action originally brought in that court. (Argued January 16th, 1872; decided January 23d, 1872.) Motion to dismiss appeal from judgment of the General Term of the Mew York Common Pleas, in an action commenced in the District Court of that city, and removed to the Common Pleas for trial. Samuel Ha/nd for motion. ■8. W. Rosendale opposed. [MAJORITY — Allen, J.,] Allen, J., reads opinion granting motion. All concur. Appeal dismissed.