
    Bridget Nealon, Respondent, v. Mortimer A. Frisbie, Appellant.*
    (New York Superior Court—General Term,
    August, 1894.)
    An appeal will not lie from an order overruling a demurrer.
    Where such order is incomplete in not directing the final or interlocutory-judgment to be entered thereon, the remedy is by motion.
    Appeal from order overruling demurrer to complaint.
    Action for slander. The complaint alleged that the defendant, in the presence of a number of people, maliciously spoke concerning the plaintiff the false and defamatory words following, to wit, that he called her a “ G-od damned Irish bitch.” for which plaintiff demanded $5,000 damages. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
    
      * Received too late for insertion in proper place.— [Reporter.
    
      
      J. M. Ferguson, for appellant.
    
      P. A. McManus, for respondent.
   Per Curiam.

The notice of appeal states that the defendant appeals from the order overruling the demurrer. No appeal lies from such an order. Garner v. Harmony Mills, 45 N. Y. Super. Ct. 148; Campbell v. N. Y. Cotton Exchange, 47 id. 558; Cambridge Valley Nat. Bank v. lynch, 76 N. Y. 514.

Moreover, the order is incomplete in not directing the final or interlocutory judgment to be entered thereon, as required by section 1021 of the Code. The remedy in this respect is by motion.

The appeal must be dismissed, with costs.

Present: Freedman and McAdam, JJ.

Appeal dismissed, with costs.  