Fowle v. House

Oregon Supreme Court

Fowle v. House

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

Oregon Supreme Court·Decided February 11, 1895·Published·Cited by 3 cases

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] suit 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] suit or action. The order complained of does not determine the suit and the appeal must therefore be dismissed, and it is so ordered. Dismissed.

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

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Opinion

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