...aside the service of summons by publication is not "an order affecting a substantial right made in any action, when such order, in effect, determines the action, and prevents a judgment from which an appeal might be taken." within Rev. St. 1898, § 3069, subd. 1, so as to be an appealable...

...appeal can be sustained. It falls under subdivision 2, § 3009, Rev. St., which allows an appeal from an order affecting a substantial right made in a special proceeding or upon summary application in an action after judgment, if under any provision of the appeal statute. No substantial...

...6707, Revised Statutes, provides what ia a final order from which error may be prosecuted. It says: "An order affecting a substantial right in an action,...prevents a judgment, and an order affecting a substantial light made in a special proceeding or upon summary application in an action after judgment, is a final...

...right of the case. c. Where a final order, judgment or decree affecting a substantial right has been made in a special proceeding or upon a summary application in an action after judgment, and any intermediate order, judgment or decree, involving the merits of the action. Sec. 2. That section...

...be carried by appeal to the supreme court. t1) An order affecting a substantial right, made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken.") 41 2 "Cyc." I068, citing Suydam v. Williamson, 20 How. 427,...

...actions, prosecutions and proceedings." Section 6707, Revised Statutes,, provides what is a final order : "An order affecting a substantial right in an action, when such order in effect determines action and prevents a judgment, and an order affecting a substantial right made in a special proceeding...

...does subdivision 3, of that section, include them. That subdivision authorizes an appeal from a final order affecting a substantial right made in a special proceeding, or upon a summary applicaAppealable orders. 41 NY 363; 28 Hun, 307; 8 Abb. NS 21. Damages — Breach of warranty. 92...

...or a judge thereof, may be reversed, vacated or modified by the circuit court." * * * Section 6707 : "An order affecting a substantial right in an action,...affecting a substantial right made in a special proceeding * * * is a final order which may be vacated, modified or reversed as provided in this title." It will...

...demurrer. Third.*— An order that involves the merits of an action, or some part thereof. stantial right in an action, when such order in effect determines...a summary application in an action after judgment. No appeal shall be had or taken to the supreme court in any civil action for the recovery of money...

...Section 6707 defines a final order as "an order affecting a substantial right in an action when said order in effect determines the action and prevents...summary application in an action after judgment." The interrogatories are attached under Section 5099, Revised Statutes, which permits a party to annex...