
    Emeline Lee, App’lt, v. Mary A. Timken, Resp’t.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed October 12, 1894.)
    
    Appeal—What appealable.
    An order sustaining or overruling a demurrer is not appealable.
    Appeal from an order sustaining a demurrer to the complaint.
    
      V. W. Kingsley, for app’lt; George K Mott, for resp’t.
   Per Curiam.

As we have had occasion to point out in the case of Sheffield v. Robinson (decided herewith) 62 St. Rep. 763; 30 N. Y. Supp. 799, an order sustaining or overruling a demurrer is not appealable; the appeal must be from the judgment. Appeal accordingly dismissed, with $10 costs and disbursements.  