Full text
George W. Bergen, Jennie E. Snedeker Et Al., Respondents, v. Coles Carman, Appellant
Opinions in this case
- Majority — Per curiam
- Addendum
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 148
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 149 The order of the General Term reversed the order confirming the report of the referee and directed that the case be referred to the referee to report as to priority of liens.
This is not a final order, and inasmuch as, upon the report of the referee as to this priority of the liens, the court at Special Term may hold that the moneys be retained to await the determination of a suit to be brought to test the right *Page 151 of the parties to the moneys, we think the order is not appealable to this court.
The appeal must, therefore, be dismissed, with costs.
All concur.