Milwaukee Electric Crane Manufacturing Corp. v. Feil Manufacturing Co.

Stevens, J.(1) The provision of the judgment quoted above does not determine the amount of damages which the defendants therein named are entitled to recover, but it does determine that they are entitled to recover “any damages that have been sustained” by any of them. It leaves nothing open but the question of the amount of such damages, if any, that have been sustained by them. The order refusing to strike that portion of the judgment is “a final order affecting a substantial right made . . . upon a summary application in an action after judgment,” and is therefore appealable under sub. (2)…