 | New York (State). Legislature - Law - 1848 - 672 pages
...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 in an action originally commenced in a court of a justice of... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...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 the action was originally commenced in a court of a justice... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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 not allowed in an action originally commenced in a justice's... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...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, but such an appeal shall not be allowed in an action originally... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...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, but such an appeal shall not be allowed in an action originallly... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...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, but such appeal shall not be allowed in an action originally... | |
 | Civil procedure - 1852 - 446 pages
...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 a provisional remedy, nor an order vacating or refusing... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...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 such appeal shall not be allowed in an action originally commenced in a court of a justice of the... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...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 a provisional remedy, nor an order vacating or refusing... | |
 | 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
...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 court said : " The court is of opinion that the confession... | |
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In a final order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, and upon such appeal to review any intermediate order involving the merits and necessarily affecting the order appealed... 
