28-27-02. What orders reviewable
The following orders when made by the court may be carried to the supreme court:
1. An order affecting a substantial right made in any action, when such order in effect
determines the action and prevents a judgment from which an appeal might be taken;
2. A final order affecting a substantial right made in special proceedings or upon a
summary application in an action after judgment;
3. An order which grants, refuses, continues, or modifies a provisional remedy, or grants,
refuses, modifies, or dissolves an injunction or refuses to modify or dissolve an
injunction, whether such injunction was issued in an action or special proceeding or
pursuant to the provisions of section 35-22-04, or which sets aside or dismisses a writ
of attachment for irregularity;
4. An order which grants or refuses a new trial or which sustains a demurrer;
5. An order which involves the merits of an action or some part thereof;
6. An order for judgment on application therefor on account of the frivolousness of a
demurrer, answer, or reply; or
7. An order made by the district court or judge thereof without notice is not appealable,
but an order made by the district court after a hearing is had upon notice which
vacates or refuses to set aside an order previously made without notice may be
appealed to the supreme court when by the provisions of this chapter an appeal might
have been taken from such order so made without notice, had the same been made
upon notice.
