 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1870 - 704 sidor
...11 of the Code allows an appeal to this court from 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. (Code, § 11, sub. 2.) This order discontinues this action, and the only... | |
 | John Bouvier - 1870 - 900 sidor
...necessarily afiecting the judgment (2 NY 566-416) 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, 1 NY 188, 228, 423, 534; in a final order affecting a substantial right made in a special proceeding... | |
 | New York (State), John Townshend - 1870 - 896 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. e. Appeal in special proceedings. — The 349th section of the code does not apply to... | |
 | Wyoming - 1870 - 808 sidor
...modified by the district court. »i«»i ord.v. gBC 572 AH order effe.ting a substantial right in so action, when such order in effect determines the action and prevents a judgment, and an order effecting a substantial right made in a special proceeding, or upon a summary application... | |
 | 1870 - 378 sidor
...order affecting a substantial right, made in such action, when such order in effect determines ihe action, and prevents a judgment from which an appeal might be taken. 3. In a final order, affecting a substantial right, made in a special proceeding, or upon a summary... | |
 | 1870 - 288 sidor
...and necessarily aifecting the jndgment. 2. In 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 °npeal might he taken, or discontinues the action, ' when such order grunts... | |
 | New York (State), William Wait - 1871 - 1034 sidor
...affecting the judgnent. 2. In an order affecting a substantial right, made in such action, when fuch order in effect determines the action and prevents a judgment from which an appeal might be taken, or discontinues the action, and when such order grants or refuses a new trial, or when such order strikes... | |
 | Arkansas - 1871 - 436 sidor
...merits, and necessarily affecting the judgment. 2. In an order affecting a suhstantial right made in such action, when such order in effect determines the action and prevents a judgment i'rom which an appeal might be taken, or discontinues the action; and when such order grants or refuses... | |
 | Nebraska. Supreme Court - 1871 - 534 sidor
...hundred and eighty-one a final order is thus defined : " 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... | |
 | William Wait - 1872 - 950 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, or discontinues the action, and when such order grants or refuses a new trial, or when such order strikes... | |
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Where, in effect, it determines the action and prevents a judgment from which an appeal might be taken. 
