The order of the general term to be correct. The motion which was heard by the special term was made upon an order to show cause requiring the payment of money into-court, or giving of an undertaking, or, in default thereof, that plaintiff show cause why such payment should not be made or an undertaking given as security for costs. It appears by the order of the-special term that that motion was heard, but it appears from the same order_ that the motion granted was a motion to dismiss the complaint. ' No notice of motion had been made for that relief, and it was not included in the order to show cause. The plaintiff had the right, therefore, to appeal from an order granting relief which had not been applied for, and the general term of the city court was justified in reversing the order granting that relief.
No error, therefore, is apparent from the record, and we have to affirm.