Pelly v. Behneman

(dissenting) — The foregoing opinion is erroneous both in reasoning and result. Its interpretation of our decision in the Old National Bank case, supra, is incorrect. The statute, which remains the same at present, was quoted, which provides that an appeal may be taken

“From any order affecting a substantial right in a civil action or proceeding, which either, (1) in effect determines the action or proceeding and prevents a final judgment therein; or (2) discontinues the action;”

It was then said:

‘ ‘ The language of the statute seems to be clear. The order must in effect determine the action…