Kearney v. Morse

Question was raised upon the argument whether an order of revival is appealable. It is conceded by plaintiff’s counsel, however, that it is. It was so held in Howard v. Lunaburg, 192 Wis. 507, 213 N. W. 301, and R. G. Uhlmann Fur Co. v. Gates, 155 Wis. 385, 144 N. W. 991.

It is otherwise, however, as to the part of the order vacating the portion of the judgment making the final division of property and directing a hearing for making such division, *153which was also appealed from. This part of the order does not determine the action or prevent a judgment from which appeal may be taken; nor is it a…