Glomstead v. Chicago & North Western Railway

Both the claimant and the railroad agree that the court order denying a motion to strike a portion of plaintiff’s complaint is not appeal-able. It is not among the orders listed as appealable in sec. 274.33, Stats. It is not to be held to be the equivalent of a demurrer from which appeal may be taken 1 because it does not seek to strike the whole or entirety of the cause of action stated in the complaint. 2 Substance, not labelling, controls but the motion here made falls short of being, in legal effect, a demurrer to a cause of action. It remains a motion to strike and over an order denying…