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FIRST NAT. BANK OF CARTHAGE v. EATON
HARDIN, P. J. As the appeal is from an order sustaining the demurrer to a part of defendants’ answer, and no appeal is taken from any interlocutory judgment, the appeal should be dismissed. Code, § 1349; Bank v. Lynch, 76 N. Y. 514; Sheffield v. Robinson (Sup.) 30 N. Y. Supp. 799; Lee v. Timken, Id., 800; Haffey v. Lynch, 68 Hun, 507, 23 N. Y. Supp. 59. The appeal should be dismissed. Appeal dismissed, without costs. All concur.