Edward Terry Sanford

“ Assuming the correctness of the petitioners' contention that the judgment of the Appellate Division is a 'final' determination of an independent proceeding to revive the action against the respondents, the dismissal by the Court of Appeals of the appeal sued out without leave, must be taken, nothing else appearing, as a holding by that court that the case was not one in which an appeal lay as a matter of right. ”

“ Pillsbury Flour Mills Co. v. Nicotera, 234 N. Y. 534, 138 N. E. 436; Matter of Schmidt, 236 N. Y. 645, 646, 142 N. E. 318; Donovan v. Cunard Steamship Co., 236 N. Y. 651, 142 N. E. 320; Johnson v. Whaley, 239 N. Y. 570, 571, 147 N. E. 200. ”