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" 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 in an action after judgment,... "
Reports of Cases in the Supreme Court of Nebraska - Page 6
by Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1892
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...intermediate order involving the merits, and necessarily affecting the judgment; and secondly, in a final order affecting a substantial right, made in a special...summary application in an action, after judgment; but withholds the right of appeal, where the action was originally commenced in a court of a justice...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...any intermediate order involving the merits, and necessarily affecting the judgment. 2. In a final order, affecting a substantial right, made in a special...summary application in an action, after j-udgment : But such appeal shall not be allowed in an action originally commenced in a court of a justice of...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...provision of this code: 3. In a final order, affecting a substantial right, made by a county or city court, in a special proceeding or upon a summary application in an action, after judgment: • 4. In a judgment of a court of oyer and terminer, a court of sessions, or a city court, in a criminal...
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The Code of Civil Procedure of the State of New-York

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, and prevents a judgment, from which an appeal might be taken : 3. In a final order, affecting a substantial right, made in a...
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The Code of Procedure of the State of New York: As Amended by the ...

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, and prevents a judgment from which an appeal might be talce.n : 3. In a final order, affecting a substantial right made in...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 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 and prevents a judgment, from which an appeal might be taken. 3. In a final order affecting a substantial right, made in a special...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...necessarily riff etting' the 'judgment: 2. In an order affecting a substantial right, made in such action, when such order 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...
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Laws of the State of New York, Volume 2

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, and prevents a judgment from which an appeal might be taken : 3. In a final order, affecting a substantial right made, in a...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 53

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
...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...a summary application in an action after judgment. In Re Pauline G-raeff 30 Minn. 476, the court said : " The court is of opinion that the confession...
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Reports of Decisions on the Code of Procedure, New Series, Volume 1

Civil procedure - 1852 - 446 pages
...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...a summary application in an action after judgment, does not include an order granting or refusing a provisional remedy, nor an order vacating or refusing...
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