24 Or. 247 | Or. | 1893
delivered the opinion of the court:
Will an appeal lie from an order dissolving an attachment, when no judgment has been rendered in the action, is the question presented by this record. An attachment is an auxiliary proceeding of statutory origin. A dismissal of the action or a judgment for the defendant necessarily dissolves it, but a dissolution of the attachment, while it may have the effect of rendering the judgment valueless, in no way affects the action. Attachment proceedings áre purely statutory, and, as no appeal from an order allowing or denying a motion to dissolve an attachment is prescribed thereby, it cannot be entertained, unless it can be deemed a final order. Section 535, Hill’s Code, provides that judgments and decrees may be reviewed, and defines a final order from which an appeal may be taken; and section 545 provides that upon appeal the appellate court may review any intermediate order involving the merits or necessarily affecting the judgment or decree appealed from. In Crawford v. Roberts, 8 Or. 324, this court held that an appeal from the judgment upon the merits brought, up a motion to dissolve the attachment. This was followed in Sheppard v. Yocum, 11 Or. 234 (3 Pac. Rep. 824), in which Lord, J., says: “Upon principle, it would seem, when property has been wrongfully seized by attachment, the defendant ought not to be deprived of the right of