National Distilling Co. v. Seidel
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: Geo. E. Sutherland, Judge. Plaintiff commenced an action against defendant Peterson to recover an amount claimed on contract, and such proceedings were duly had that defendant’s property was attached, and he appeared and answered the complaint and also traversed the affidavit for the attachment.
Read the full summary
Appeal from an order of the superior court of Milwaukee county: Geo. E. Sutherland, Judge. Plaintiff commenced an action against defendant Peterson to recover an amount claimed on contract, and such proceedings were duly had that defendant’s property was attached, and he appeared and answered the complaint and also traversed the affidavit for the attachment. More than four months after the commencement of the attachment proceedings the defendant was duly adjudged a bankrupt in proceedings under the bankrupt law and George Seidel became the trustee. Thereafter such trustee moved the court,…
1Opinion of the CourtMaRshall, J.
Respondent contends that the order is not appealable, relying on Cook v. Menasha, 95 Wis. 215, and Smith v. Scott, 93 Wis. 453. Such cases are to the effect that *491an order denying a motion made by a party to an action to bring in additional parties is not appealable. As to such a moving party the order denying the motion does not terminate the action and prevent a judgment from which an appeal may be taken, nor is it an order in a special proceeding. The situation is different where a person, not a party to an action, moves the court for leave to be made a party. Such a proceeding is special,…
2Cases cited4 opinions
- Taylor v. YoungWisconsin Supreme Court · 1884
- Cook v. City of MenashaWisconsin Supreme Court · 1897
- Ellis v. Southwestern Land Co.Wisconsin Supreme Court · 1896
- Smith v. ScottWisconsin Supreme Court · 1896
3Cited by11 opinions
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Charolais Breeding Ranches, Ltd. v. WiegelWisconsin Supreme Court · 1979
- Bacon v. GeorgeMassachusetts Supreme Judicial Court · 1910
- State v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1908
- Hartwig v. HarveyWisconsin Supreme Court · 1947
6 more not listed; retrieve them via the Exa API.