Orton v. Noonan
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County Plaintiff appealed from the following order of the county court: “ The rule or motion to set aside the service of the complaint in this action and dismiss the action, having been argued by the respective parties or their attorneys, and the court being fully advised : It is ordered by the court that the service or alleged service of the complaint be, and it hereby is, set aside, and that the plaintiff may, within twenty days,…
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APPEAL from the County Court of Milwaukee County Plaintiff appealed from the following order of the county court: “ The rule or motion to set aside the service of the complaint in this action and dismiss the action, having been argued by the respective parties or their attorneys, and the court being fully advised : It is ordered by the court that the service or alleged service of the complaint be, and it hereby is, set aside, and that the plaintiff may, within twenty days, serve the complaint on the defendant’s attorney, on the plaintiff’s first paying to him ten dollars, attorney’s fees on…
1Opinion of the Court
Lyoít, J.
It was objected by the counsel for the defendant, on the argument, that the order is not appealable. We are of the opinion that the objection is well taken, and that the appeal must be dismissed.
The order does not grant a provisional remedy, neither does it involve the merits of the action. It certainly does not belong to any other class of appealable orders, unless it be to that class which is defined by the statute as follows: “An order affecting a substantial right, made in any action, when such order, in effect, determines the action and prevents a judgment from which an appeal…
2Cited by4 opinions
- Ostlund v. EcklundNorth Dakota Supreme Court · 1919
- Ryan v. DavenportSouth Dakota Supreme Court · 1894
- Peabody v. PaakauaHawaii Supreme Court · 1918
- State ex rel. Drury v. Supervisors of LincolnWisconsin Supreme Court · 1886