
    In the Matter of the Petition of JOHN McARDLE, an Imprisoned Debtor, to be Discharged from Imprisonment.
    
      Order in proceedings for the discharge of an imprisoned debtor — when it does not involve a substantial right so as to be appealable.
    
    Appeal from an order of the County Court of Kings county, overruling certain objections filed by a creditor, to the jurisdiction of the court over proceedings instituted by the petitioner, an imprisoned debtor, to procure his discharge from imprisonment.
    The court at General Term said : “ It is not necessary to pass upon the various objections raised by the appellant, in this matter, as we think the order appealed from did not affect a substantial right. (Code of Civil Pro., §§ 1312 and 190 [note].) The matter is still pending before the county judge, who may yet dismiss the proceeding upon a final hearing. The appellant has as yet suffered no injury, and until some order is entered affecting a substantial right, he is not in a position to appeal.
    Appeal dismissed, with ten dollars costs and disbursements.
    
      H. G. Place, for L. L. McCullough, creditor, appellant.
    
      Bobert Jolmstone, for McArdle, respondent.
   Opinion by

Pratt, J.

Present — Barnard, P. J., Dykman and Pratt, JJ.

Appeal from County Court dismissed, with ten dollars costs and disbursements.  