Fowle v. House

Oregon Supreme Court

Fowle v. House

39 P. 5, 26 Or. 587, 1895 Ore. LEXIS 10

CourtOregon Supreme Court

DecidedFebruary 11, 1895

StatusPublished

Cited by3 cases

This text of 39 P. 5 (Fowle v. House) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fowle v. House, 39 P. 5, 26 Or. 587, 1895 Ore. LEXIS 10 (Or. 1895).

Pincite

Opinion

Per Curiam.

The judge in refusing to grant the preliminary injunction did not assume to pass upon the merits of the case and hence the order was not final and no appeal will lie therefrom: Hill’s Code, § 535; Basche v. Pringle, 21 Or. 24. An appealable order is one which not only affects a substantial right but which in effect determines the [589]*589suit or action. The order complained of does not determine the suit and the appeal must therefore be dismissed, and it is so ordered. Dismissed.

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Per Curiam.

The judge in refusing to grant the preliminary injunction did not assume to pass upon the merits of the case and hence the order was not final and no appeal will lie therefrom: Hill’s Code, § 535; Basche v. Pringle, 21 Or. 24. An appealable order is one which not only affects a substantial right but which in effect determines the [589]*589suit or action. The order complained of does not determine the suit and the appeal must therefore be dismissed, and it is so ordered. Dismissed.

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Bluebook (online)

39 P. 5, 26 Or. 587, 1895 Ore. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowle-v-house-or-1895.

Opinion

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