 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...any intermediate order involving the merits, and necessarily affecting the judgment; and secondly, in a final order affecting a substantial right, made in a special proceeding or upon a summary application in an action, after judgment; but withholds the right of appeal, where... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...to review any intermediate order involving the merits, and necessarily affecting the judgment. 2. In a final order, affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after j-udgment : But such appeal shall not be allowed... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1850 - 614 pages
...the order was not appealable, insisted that the appeal was authorized by the code, being an appeal from " a final order, affecting a substantial right, made in a special proceeding, or upon a summary application in an action after judgment." (Code, § 11, .-mini. 2.) (1.) The order... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...effect determines the 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 application in an action, after judgment: But the appeal given by this section is... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...in effect determines the 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 application, in an action, after judgment : 4. In an order granting a new trial,... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...effect determines the action, and 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 a summary application, in an action, after judgment : 4. In an order granting a new trial,... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...in effect determines the 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 application in an action, after judgment : 4. In an order granting а пего trial,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1885 - 744 pages
...under chapter 86, sec. 8, subd. 6, which provides that the aggrieved party may appeal to the supreme court from a final order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment. In Re Pauline G-raeff 30 Minn. 476, the... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...And see Easterly v. Cole, 3 Corns., 5U2. Davis v. Allen, Ib. 168. The provision allowing an appeal from a " final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action after judgment," does not include an order granting or refusing... | |
 | Civil procedure - 1852 - 446 pages
...TOMPKINS. Per GRIDLEY, J. — The provision of the code allowing an appeal to this court (court of appeals) from a final order affecting a substantial right made in a special proceeding or upon a summary application in an action after judgment, does not include an order granting or refusing... | |
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An appeal may be taken, to the appellate division of the supreme court, from an order, affecting a substantial right, made in a special proceeding, at a special term or a trial term of the supreme court; or made by a justice thereof in a special proceeding... 
