Appellate Terms of the Supreme Court of New York June 30, 1908 (Schumer v. Kohn)

MacLEAN, J.

The defendant Pototzky appeals from an interlocutory judgment overruling his demurrer to the amended complaint herein. While an appeal" from an order upon a demurrer may not be taken, “the proper practice is to enter an order overruling the demurrer, this to be followed by the entry of an interlocutory judgment, from which an appeal would be.” Binder v.