
    Van Buren Denslow, App’lt, v. Sarah M. Bush et al., Resp’ts.
    
      (New York Superior Court, General Term,
    
    
      Filed June, 1894.)
    
    Appeal—Appealable.
    An appeal does not lie from an order sustaining a demurrer to the' complaint, with leave to the plaintiff to amend on payment of costs.
    Appeal by the plaintiff from an order made at special term sustaining a demurrer to the complaint.
    
      R. H. Griffin, for app’lt; Carter, Hughes & Kellogg, for resp’ts.
   McAdam, J.

The special term judge made an order sustaining the demurrer interposed to the complaint, with leave to the plaintiff to amend on payment of costs. No interlocutory or final judgment has been entered; the appeal is from the order only, and such an appeal will not lie. Cambridge Valley Nat. Bank v. Lynch, 76 N Y. 514; Whitman v. Nichols, 16 Abb. Pr., N. S., 329 ; Lacustrine Fert. Co. v. Lake, etc., Co., 16 Hun, 484; Garner v. Harmony Mills, 6 Abb. N. C. 212 ; 45 N. Y. Supr. Ct. R. 148; Bell v. Sun Co., 1 Mo. Law Bull. 29; Trust & Deposit Co. v. Pratt, 25 Hun, 23, and similar cases. For these reasons, the appeal must be dismissed with costs.

Freedman, P. J. concurs.  