Buffalo Savings Bank v. . Newton

The order was, no doubt, one made in the course of a summary application in an action after judgment; and its object was not to question or impeach the judgment, in the sense of the cases in which an appeal from certain orders has been denied for that reason. Indeed, the order assumed the validity of the judgment. Moreover, the order was final, within the meaning of section 11 of the Code; and in one sense it affected a substantial right. Nevertheless, it was not an order from which an appeal will lie to this court. It rested purely in the discretion of the court to grant or refuse it. The…