Oregon Supreme Court, 1895

Fowle v. House

Fowle v. House
Oregon Supreme Court · Decided February 11, 1895
26 Or. 587; 39 P. 5; 1895 Ore. LEXIS 10
Fowle v. House

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

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 *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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