
    HIRAM FINCH, Respondent, v. JONATHAN P. CARPENTER, Appellant.
    
      Practice — no appeal lies from a judgment entered by consent.
    
    Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury.
    The action was brought upon a promissory note given on account of the purchase-price of certain cattle sold to the defendant by the • plaintiff. The defense was a breach of warranty. A judgment recovered by the plaintiff upon a former trial had been set aside by the General Term and a new trial ordered.
    The court at General Term said: “ The record shows that when the action was brought on for trial, it was agreed that the evidence should be read from the printed case on a former appeal, and that the plaintiff should take judgment for an amount specified.
    “ A verdict was accordingly rendered for such amount and judgment thereon entered. It thus appears that the judgment was entered upon consent of the defendant. From a judgment so taken no appeal lies. (Flake v. Van Wagenen, 54 N. Y., 25; Innes v. Purcell, 58 id., 388.) ”
    The appeal should be dismissed, with costs.
    
      E. T. Lovatt, for the appellant.
    
      Wilson Brown, Jr., for the respondent.
   Opinion by

Cullen, J.

Present — Rabnard, P. J., and Culpen, J.; Dtkman, J., not sitting.

Appeal dismissed, with costs.  