138 P. 856 | Or. | 1914
delivered the opinion of the court.-
“An order affecting a substantial right, and which in effect determines the action or suit so as to prevent a judgment or decree therein, or a final order affecting a substantial right, and made in a proceeding after judgment or decree, or an order setting aside a judgment and granting a new trial for the purpose of being reviewed, shall be deemed a judgment or decree. ’ ’
It is true that a void order is appealable within the meaning of Smith v. Ellendale Mill Co., 4 Or. 70, and other cases; but, as we have seen, an order vacating a judgment during the term at which it was made is not void, being at the time within the authority of the court making it.
The order reinstating the cause for trial does not in any sense determine the action so as to prevent a judgment or decree therein. As noted in Section 548, L. O. L., the plain purpose of the order is to reinstate the cause for trial, and does not prevent, but will result in, a final judgment in the future.
The appeal is dismissed. Dismissed.