
    COURT OF APPEALS,
    NOVEMBER TERM, 1848.
    Silas Marvin et al. vs. Robert M. Seymour et al.
    An appeal from an order of the Supreme Court at general term denying a re-hearing of an order made at a special term, will not lie, where the order made a special term, is such as would not be reviewed by this court on appeal if confirmed by the general term.
    Thus, where a motion was made at special term for an order to compel one of the complainants to appear and submit to an examination before a master, to whom the cause had been referred, and was denied; and an appeal then taken to the general term where a rehearing was denied, held, not an appealable case to this court, if the general term had confirmed the order.
    The cases which have been decided by this court, that a party has a right to a re-hearing at general term of orders made at special term, have been cases where the subject-matter of the order was appealable to tins court.
    The Defendants made a motion before the Supreme Court in special term, for an order to compel one of the complainants to appear and submit to an examination before a master, to whom the cause had been referred. The motion was denied. The Defendants then applied to the Supreme Court in general term for a re-hearing, which was denied in May last. From the order denying the re-hearing the Defendants appealed to this court.
    N. Hill, Jr., for the Respondents, moved to dismiss the appeal."
    H. Denio, for the. Appellants.
    
   Bronson, J.

We held, in Gracie v. Freeland, (1 Comst. 228,) that a party had a right to a re-hearing at the general term, after a matter had been decided against him. at a special term; and we have acted upon that decision by reversing orders denying a rehearing. But it has been in cases where the order made at the special term, if it had been confirmed by the general term, might have been reviewed by this court on appeal. In this case, we think the order made at the special term would not have been appealable, if it had been confirmed by the Supreme Court in general term; and, in such a case, although a rehearing may be improperly denied by the Supreme Court, we are of opinion that there can be no appeal from the decision to this court.

Motion granted, with costs of the appeal.  