 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 790 sidor
...and necessarily affecting the judgment. "2. In an order affecting a substantial right made in such action, when such order, in effect, determines the action, and prevents a judgment, fiom which an appeal might be taken," and when such order grants a new trial ; but no appeal to the... | |
 | New York (State), Nathan Howard (Jr.) - 1867 - 966 sidor
...and necessarily affecting the judgment. 2. In an order affecting a substantial right, made in such action, when such order in effect determines the action,...prevents a judgment from which an appeal might be taken, and when such order grants or refuses a new trial ; but no appeal to the court of appeals, from an... | |
 | 1867 - 588 sidor
...appeal allowed to the court of appeals: — In an order affecting a substantial right made in such action, when such order in effect determines the action...prevents a judgment from which an appeal, might be taken, or ducontinuex Hie attion, and when such order grants or refuses a new trial ; but no appeal to the... | |
 | John Townshend - 1867 - 298 sidor
...involves the merits of the action, or some part thereof, or affects a substantial right. 4. When the order in effect determines the action and prevents a judgment from which an appeal may be taken. 5. When the order is made upon a summary application, in an action after judgment, and... | |
 | New York (State) - 1867 - 1086 sidor
...involves the merits of the action, or some part thereof, or affects a substantial right. 4. When the ) ?ej δ wr "V 6|$ B S ﹽ ~ {Κ3 i { ! N| l W˿ j灛 ~ {m ^ o k may be taken. 5. When the order is made upon a summary application in an action after judgment, and... | |
 | South Carolina - 1868 - 942 sidor
...necessarily affecting the judgment. OF SOUTH CAROLINA. 2. An order affecting a substantial right made in an action, when such order in effect determines the action,...prevents a judgment from which an appeal might be taken, or discontinues the action, and when such order grants or refuses a new trial ; but no appeal to the... | |
 | Austin Abbott - 1868 - 598 sidor
...within the class of orders described by subdivision 2 of section 11 of the Code, for neither of them, in effect, determines the action and prevents a judgment from which an appeal might be taken. Nor does subdivision 3 of that section include them. That subdivision authorizes an appeal from a final... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 858 sidor
...within the class of orders described by subdivision 2 of section 11 of the Code, for neither of them, in effect, determines the action and prevents a judgment from which an appeal might be taken. Nor does subdivision 3, of that section, include them. That subdivision authorizes an appeal from a... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 sidor
...which gives such appeal from " an order affecting a substantial right . . when such order in eifect determines the action, and prevents a judgment from which an appeal might be taken," or discontinues the action, or grants or refuses a new trial. The order in question does not determine... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 sidor
...Code allows appeals( in three classes of orders : 1st. When the order affects a substantial right, and in effect determines the action and prevents a judgment from which an appeal might betaken ; 2d. When, the order grants or refuses a new trial ; and 3d, A final order affecting a substantial... | |
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Where, in effect, it determines the action and prevents a judgment from which an appeal might be taken. 
