The Superior Court of New York City September 3, 1874 (Morehouse v. Yeager)

By the Court.—Monell, Ch. J.

Any order made at special term which “involves the merits of the action or affects a substantial right,” may be reviewed on appeal by the general term. Code. § 349.

The construction of this section in recent cases, renders it immaterial whether the order is one which is within the discretion of the court or otherwise (Matter of Duff, 41 How. Pr. 350 ; People v. N. Y.