 | New York (N.Y.) - 1871 - 1374 pages
...involves the merits of the action, or some part thereof, or affects a substantial right. 3. When the order in effect determines the action, and prevents a judgment from which an appeal may be taken. And for the purposes of such appeal, any party affected by such order may require it... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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 : 3. In a final order, affecting a substantial right, made in a special proceeding, or upon a summary... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...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 : 3. In a final order, affecting a substantial right made, in a special proceeding, or upon a summary... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...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 talce.n : 3. In a final order, affecting a substantial right made in a special proceeding, or upon... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...injunction ; A Hi iiffle 3. When it involves the merits of the action, or some part thereof; 4. Wien 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), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...overrules a demurrer ; 3. When it involves the merits of the action, or some part thereof; 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) - Civil procedure - 1852 - 606 pages
...affecting the judgment. 2. In an order affecting a substantial right, made in such action, when suck order in effect determines the action and prevents a judgment, from which an appeal might le taken. 3. In a final order affecting a substantial^ right, made in a special proceeding, or upon... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...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. ยง 350. The last section shall include an order made oat of court upon notice ; but in... | |
 | Claudius L. Monell - Civil procedure - 1854 - 508 pages
...to be made from orders, are, as we have seen :(l) 1. Such as affect a substantial right, made in an action, when such order in effect determines the action and prevents a judgment from. which an appeal may be taken ; and, 2. Final orders affecting a substantial right, made in a special proceeding, or... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...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... | |
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Where, in effect, it determines the action and prevents a judgment from which an appeal might be taken. 
