 | New York (State). Court of Appeals - 1873 - 684 páginas
...orders which are applicable to this court : 1. An order, affecting a substantial right, made in an action, when such order, in effect, determines the...a judgment from which an appeal might be taken. 2. An order which grants or refuses a new trial. 3. A final order, affecting a substantial right, made... | |
 | New York (State). Court of Appeals - 1873 - 684 páginas
...of the Code, neither is it embraced in subdivision 2 of the same section. It is not an order which in effect determines the action, and prevents a judgment from which an appeal might be taken to this court . It is not People v. Moring. a final_order made in a special pi-oracling, fl':. fl 'l... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1874 - 616 páginas
...court frnni the following orders : 1. An order made affecting a substantial right in an action where such order, in effect, determines the action and prevents...a judgment from which an appeal might be taken. 2. Aflnal order made In special proceedings affecting a substantial right therein, or made on a summarv... | |
 | John Bouvier - 1874 - 746 páginas
...necessarily affecting the judgment (2 NY 5G6-416) in nn order affecting a substantial right made in such action, when such order in effect determines the action and prevents a judgment from which tin appeal might be taken. 1 NY 188, 228, 42:1, 534 ; in a final order affecting a substantial right... | |
 | Ohio, George E. Seney - 1874 - 896 páginas
...Borden, 20 Ohio State, 232. SEC. 512. WHAT is A FINAL ORDER. An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding or upon a summary application... | |
 | New York (State) - 1875 - 498 páginas
...and necessarily affecting the jndgment. 2. 1n an order affecting a suhstantial right, made in such action, when such order in effect determines the action and prevents a jndgment from which an appeal might he taken, or discontinnes the action, u.nd when such order grants... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1876 - 762 páginas
...from the depot, and that the defendant is not liable for such loss. The order arresting judgment " in effect determines the action, and prevents a judgment from which an appeal might Brewster and another vs. Carmichael. be taken " (Tay. Stats., 1635, § 11); and if it also affected... | |
 | New York (State) - 1876 - 398 páginas
...involves some part of the merits. 4. Where it affects a substantial right. 5. Where, in effect, it determines the action, and prevents a judgment, from which an appeal might be taken. 6. Where it determines a statutory provision of the State to be unconstitutional; and the determination... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 páginas
...final judgment in the action. Nor is it an order affecting a substantial right in an action, which, in effect, determines the action, and prevents a judgment from which an appeal might be taken. It does not involve the merits of the action. It remains to be considered whether the order was one... | |
 | New York (State), William Wait - 1877 - 662 páginas
...involves some part of the merits. 4. Where it affects a substantial right. 5. Where, in effect, it determines the action, and prevents a judgment, from which an appeal might be taken. 6. Where it determines a statutory provision of the State to be unconstitutional ; and the determination... | |
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Where, in effect, it determines the action and prevents a judgment from which an appeal might be taken. 
