Baillie v. Columbia Gold Mining Co.
Cases that cite this one
1 later published case cites this decision.
- Baillie v. Columbia Gold Mining Co. (Or. 1920)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.