Oregon Supreme Court, 1920

Baillie v. Columbia Gold Mining Co.

Baillie v. Columbia Gold Mining Co.
Oregon Supreme Court · Decided March 30, 1920 · McBride
95 Or. 609; 188 P. 418; 1920 Ore. LEXIS 72

Baillie v. Columbia Gold Mining Co.

Opinion of the Court

McBRIDE, C. J.

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.