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 *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.