 | 1871 - 1374 pages
...default, or grants or refuses a new trial, or when it sustains or overrules a demurrer. 2. When the order 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... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...thereupon reviewed, in the following cases: 1. When the order grants or refuses a provisional remedy. 2. When it involves the merits of the action, or some part thereof. 3. When the order is made, upon a summary application in an action after judgment, and affects a substantial... | |
 | New York (State). - 1850 - 920 pages
...When the order grants or refuses a provisional remedy : 2. When it grants or refuses a new trial : 3. When it involves the merits of the action, or some part thereof: 4. When the order affects a substantial right, and involves the construction of the constitution or... | |
 | New York (State), Henry Strong McCall - 1851 - 244 pages
...injunction; 2. When it grants or refuses a new trial, or when it sustains or 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 prei vents a judgment from which an appeal may... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 pages
...injunction ; 2. When it grants or refuses a new trial, or when it sustains or 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... | |
 | New York (State). - 1851 - 266 pages
...or refuses a provisional remedy, or grants, or refuses or dissolves an 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... | |
 | Henry Whittaker - 1852 - 900 pages
...provisional remedy. 2. When it grants or refuses a new trial, or when it sustains or overrules a demurrer. 3. When it 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... | |
 | 1852 - 446 pages
...order as distinguished from a judgment, will lie. The second [now, third] of those subdivisions is, " when it involves the merits of the action, or some part thereof." It is not claimed that the present case comes within either of the other subdivisions. Did the order... | |
 | Claudius L. Monell - 1854 - 508 pages
...court, and an appeal taken from the judgment. The third subdivision of appealable orders, namely, " when it involves the merits of the action, or some part thereof, or affects a substantial right," is involved in greater difficulty in giving to it a proper construction. It is, however, I think, well... | |
 | New York (State) - 1854 - 338 pages
...discretion of the court. (8 Barb. 8. CR, 329.) The court in the cases cited has construed the expression " when it involves the merits of the action, or some part thereof,* to mean that which relates to the strict legal rights of the parties as contradistinguished from mere... | |
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When the order is made upon a summary application, in an action after judgment, and affects a substantial right. 
