
    The Monroe Miller Co., Respondent, v. Edward S. Stokes, Appellant.
    (New York Common Pleas — General Term,
    June, 1894.)
    A judgment of the City Court entered upon an order sustaining a demurrer to part of an answer is interlocutory, and is not appealable to the-
    Court of Common Pleas.
    Appeal from a judgment of the General Term of the City Court of New York, which affirmed a judgment at Special Term sustaining a demurrer to part of the answer.
    Action in conversion.
    
      Wm. H. Shepard, for respondent.
    
      John Delahunty, for appellant. e
   Bischoff, J.

The answer, besides denying the alleged conversion, interposed a counterclaim for rent. A judgment at. Special Term sustaining the demurrer to the counterclaim was-affirmed at General Term of the court below,- and from the-judgment of affirmance defendant has attempted to appeal to-this court. The remaining issues tendered by the pleadings-are untried, and that judgments of the character alluded to-are severally interlocutory was ruled in Biershenk v. Stokes, 18 N. Y. Supp. 854.

An appeal to this court from a judgment of the City Court of New York may be taken only when the judgment is final, and was rendered upon an appeal to the General Term. Code: Civ. Proc. § 3191, subd. 1.

The appeal must be dismissed, with costs.

Bookstaveb and Pryor, JJ., concur.

Appeal dismissed, with costs.  