
    COURT OF APPEALS.
    James C. Duane, Respondent, agt. The Northern Railroad Company, Appellants.
    An appeal will not lie to this court from an order of Supreme Court, at general term, reversing a judgment obtained at the circuit, and ordering a nexo trial
    
    
      June Term, 1850.
    Duane sued the railroad company under the code, and at the circuit there was a verdict and judgment for the defendants. The plaintiff appealed to the Supreme Court in general term, where the judgment was reversed, and a new trial ordered. The defendants then appealed to this court.
    George F. Comstock, for the respondents,
    moved to dismiss the appeal, on the ground that the judgment was not final, and therefore an appeal would not lie. He cited the code, § 11, 245, 280, 281, 327, 328.
    N. Hill, Jr., for the appellant,
    cited the code, § 264, 265, 348, 330, 11. (Van Santvoord, v. Tousey, 6 Hill, 157; Jackson v. Walker, id. 261.)
   Bronson, Ch. J.

'—There may be an appeal from “a judgment” (Code, § 11,) which, in the language of the code, “is the final determination of the rights of the parties in an action.” (§ 245.) We think this is not such a final judgment as comes within the definition.

Motion granted.  