...involves some part of the merits, or where it affects a substantial right, or where, in effect, it determines the action and prevents a judgment from which an appeal might be taken. Such appeal shall be heard in such manner and by such justice or justices as the appellate division...

...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...

...provide for appeals from the following orders : "1. An order affecting a substantial right made in any action when such order in effect determines the action...which an appeal might be taken. "2. A final order affecting a substantial right made in special proceedings or upon a summary application in an action...

...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...

...provide for appeals from the following orders : "1. An order affecting a substantial right made in any action when such order in effect determines the action and prevents a judgment from whifeh an appeal might be taken. "2. A final order affecting a substantial right made in special proceedings...

...common pleas, * *" and in (2) "an order affecting a substantial right made in an action, when such order determines the action and prevents a judgment from which an appeal might be taken * * * an(j when such order grants or refuses a new trial. * * *" Thus it is shown that an appeal could...

...the record." Section 6707, Revised Statutes, provides: "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...

...be carried by appeal to the supreme court. t1) An order affecting a substantial right, made in any action, when such order in effect determines the action...a judgment from which an appeal might be taken.") 41 2 "Cyc." I068, citing Suydam v. Williamson, 20 How. 427, 15 L. Ed. 978; Daube v. Coal & Iron Co.,...

...in or out of term, which affects a substantial right claimed in any action or proceeding ; or which in effect 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. Code, s. 548; CCP, s. 299; 1818, c. 962,...

...give appealability to an order merely because it affects a substantial right, but only when it also, in effect, determines the action, and prevents a judgment from which an appeal might be taken. There is no escape from the conclusion that plaintiff's appeal must be dismissed. Turning now to defendant's...