
    George S. Ronalds, Resp’t, v. Catharine A. Cammann et al., App’lts.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed October 16, 1891.)
    
    Appeal—Motion to dismiss on trial.
    A motion to dismiss the complaint made on the trial is a part of the proceedings at the trial, and an exception to its denial can only be reviewed on appeal from the judgment, or when ordered heard at general term in, the first instance.
    Appeal from order denying motion to dismiss complaint made at the trial.
    
      B. T. Kissam, for app’lts; Wm. Man, for resp’t.
   Per Curiam.

Exceptions to proceedings upon the trial can only be reviewed by appeal from the judgment, or when they are ordered in the first instance to be tried at the general term. The motion to dismiss the complaint in this action was a part of the proceedings at the trial and an exception to its denial can, therefore, be only reviewed in the same manner as any exception taken at the trial may be brought up.

There is no authority whatever for the entry of the order from which this appeal is taken, and, therefore, the appeal from that order presents nothing for us to review.

The appeal should be dismissed, with costs.

Van Brunt, P. J., Daniels and Ingraham, JJ., concur.  