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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,... "
The Pacific Reporter - Page 155
1887
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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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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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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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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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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...effect determines the action and prevents a judgment, from which an appeal might le taken. 3. In a final order affecting a substantial^ right, made in a special...summary application in an action, after judgment. 4. But such appeal shall not be allowed in an action originally commenced in a court of a justice of...
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