Baillie v. Columbia Gold Mining Co.

188 P. 418, 95 Or. 609, 1920 Ore. LEXIS 72

Opinion

McBRIDE, C. J.

The order is not appealable.

Section 548,.L. O. L., is as follows:

“ * * An order affecting a substantial right, and which in effect determines the action or suit so as to prevent a judgment or decree therein. * -* ”

The order did not “determine the action or suit so as to prevent a judgment or decree therein.” Nor does it come within any other of the causes upon which the section quoted predicates a right of appeal. It was purely interlocutory and could only be reviewed here, if at all, upon a final appeal bringing up the whole case.

It is claimed the order amounted to a peremptory writ of mandamus, but an examination of our mandamus statute discloses very slight resemblance between that proceeding and the course pursued here. While the complaint asked for a “mandatory injunction,” the order actually made amounted to no more than the one usually made against a reluctant defendant, who refused to produce documents required by the opposing party for use on the trial.

The appeal is dismissed. Appeal Dismissed.