 | 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). - 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... | |
 | 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... | |
 | Nathan Howard (Jr.) - 1852 - 546 pages
...subdivisions, the cases where an appeal from an order as distinguished from a judgment, will lie. The second of those subdivisions is, " when it involves the merits...to get his damages ascertained and liquidated. The 2d subdivision of ยง 246 answers the question. A portion of that subdivision reads as follows: " and... | |
 | 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... | |
 | 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.... | |
 | 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... | |
 | New York (State) - 1855 - 802 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, or affects a substantial right. 4. When the order in effect determines the action, and prevents a judgment... | |
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... supplementary to the execution, and may be thereupon reviewed in the following cases. 1. When the order grants or refuses, continues or modifies, a provisional remedy. 
