Lake v. Gibson (2 N.Y. 188, 1849)

Per Curiam.

An appeal will not lie unless there has been an actual determination at a general term. A writ of error by the former practice, would lie to bring up tne record merely, But writs of error are abolished by the code, and the appeal al lowed by that enactment does not extend to such a case.

Appeal dismissed.

Gridley v. Daggett, 6 How. Pr. 280. Cook v. Allen, 5 Hun 561. No appeal lies directly to the court of appeals from a judgment at special term. Potter v. Van Vranken, 36 N. Y. 619. Wade v. Delaware, Lackawanna and Western Railroad Co., 41 Ibid. 520.