Sprague v. Western Union Telegraph Co. 64 N.Y. 658

Phineas W. Sprague, Respondent, v. The Western Union Telegraph Company, Appellant.

(Argued April 4, 1876;

decided April 11, 1876.)

This was a motion to dismiss an appeal on the ground that the case was not appealable under the amendment of 1874 to section 11 of the Code (chap. 322 Laws of 1874); and that no order had been obtained, as there required, authorizing the appeal. The judgment was less than $500. An order was granted by a General Term succeeding the one that decided the appeal. It was objected that under the words of said section, requiring the order to be of “ the General Term from whose decision or determination such an appeal shall be taken,” no General Term save the one deciding the appeal could make the order. Held, untenable.

*659Edward D. McCarthy for the motion.

George W. Soren opposed.