Wiener v. Morange

Citations

• 7 Daly 446

Syllabus

<p>By the provisions of section 1316 of the (new) Code of Civil Procedure, an appeal from a final judgment does not bring up for review an intermediate order which has already been reviewed upon a separate appeal therefrom by the court or the term of the court to which the appeal from the final judgment is taken.</p> <p>An intermediate order separately appealed from and affirmed by default, has “ already been reviewed” within the meaning of section 1316 of the (new) Code of Civil Procedure.</p>