Mary L. McKenna, as Administratrix, etc., Respondent, v. Thomas Bolger, Appellant

Mary L. McKenna, as Administratrix, etc., Respondent, v. Thomas Bolger, Appellant. (Submitted December 4, 1883; decided December 14, 1883.) The defendant demurred to the complaint herein upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained at Special Term, and judgment ordered for the defendant, but with leave to'plaintiff to amend his pleading. Instead of doing so he appealed from the judgment to the General Term, where a motion to dismiss the appeal was denied, and from that decision this appeal was taken by the defendant. The court here say: " There is nothing in the appeal papers ' to show upon what ground the motion was made, nor does it appear that the order was not one within the discretion of the Supreme Court. It is, therefore, not reviewable here. (Cushman v. Brundrett, 50 N. Y. 296.)” John McCrone for appellant. M. J. McKenna for respondent. [MAJORITY — Per curiam] Per curiam mem. for dismissal of appeal. All concur. Appeal dismissed.