Stagg v. First National Bank

The first question raised is whether or not such an order is appealable. Section 3164, Code of 1873, reads in part as follows:

“An appeal may also be taken to the Supreme Court from the following orders:

“1. An order made affecting the substantial right in an action, when such order, in effect, determines the action and prevents a judgment from which an appeal might be taken;

“2. A final order made in special .proceedings affecting a substantial right therein, or made on a summary application in an action after judgment;

“3. "When an order grants or refuses, continues or modifies a provisional…