Kelm v. Kelm

The orders are not appealable. Sec. 274.33, Stats., describes the orders which may be brought to the supreme court by appeal, and neither of the orders under consideration is within that, statute. They are not final orders.

Orders similar to the first one mentioned in the statement of facts have in several instances been treated on ap*303peal as though they were appealable orders. In Donkle v. Milem, 88 Wis. 33, 59 N. W. 586, for instance, Mr. Justice Pinney said: “The order opening the judgment as to defendant Milem and allowing him to serve an answer and defend was an order ‘upon a summary…