State ex rel. Zilisch v. Auer

The following opinion was filed November 7, 1928:

Stevens, J.(1) Motion to dismiss appeal. The relators moved to dismiss the appeal on two grounds: First. That the “opinion and decision” of the trial court did not constitute an appealable order. The relators concede that an order denying a motion to quash is appealable, but they insist that this is not such an order, but a mere direction that such order should be entered later.

In determining whether any particular form of judicial action is appealable, “it is not the form of the determination but the nature of the adjudication that is to be…