O'Connell v. Smith
Wisconsin Supreme Court
Appeal from orders of the circuit court for Foud du Lac county: N. S. Gilson, Circuit Judge. Action to foreclose a mechanic’s lien. Defendant made a motion to set aside and vacate the plaintiff’s petition for a lien, which was overruled. .He then made a motion to make the complaint more definite and certain. This motion was also denied. Defendants appeal from the orders denying said motions.
1Opinion of the CourtBaRdeen, J.
Since the amendment of sec. 8069, R. S. 1878, by ch. 212, Laws of 1895, an' order setting aside or refusing to set aside a petition for a lien is not appealable. *69The case of Kunze v. Kunze, 95 Wis. 264, which holds that an appeal does not lie from an order setting aside a notice of Us penclens, is much in point. Prior to the amendment mentioned, orders requiring or refusing to require a complaint to be made more definite and certain were not ap-pealable unless discretion was abused. McCarville v. Boyle, 89 Wis. 651; Adamson v. Raymer, 94 Wis. 243. Since the amendment, such orders cannot be…
2Cases cited3 opinions
- Adamson v. RaymerWisconsin Supreme Court · 1896
- McCarville v. BoyleWisconsin Supreme Court · 1895
- Kunze v. KunzeWisconsin Supreme Court · 1897
3Cited by3 opinions
- State ex rel. Schumacher v. MarkhamWisconsin Supreme Court · 1916
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
- Morford v. PyleSouth Dakota Supreme Court · 1927