Ledebuhr v. Grand Grove of Wisconsin of the Order of Druids
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. The action is on a benefit certificate issued by the defendant to one Albert 0. Krueger in his lifetime. By the .certificate the defendant agreed to pay, to the person ivhom the said Albert O. Krueger should appoint in his last will and testament, the sum of $1,000 in the event of his death. Krueger died, and his will was admitted to probate.
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Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig, Judge. The action is on a benefit certificate issued by the defendant to one Albert 0. Krueger in his lifetime. By the .certificate the defendant agreed to pay, to the person ivhom the said Albert O. Krueger should appoint in his last will and testament, the sum of $1,000 in the event of his death. Krueger died, and his will was admitted to probate. It contained a provision whereby, after the payment of his just debts and funeral expenses, he gave to the plaintiff all his personal property; “also, one thousand…
1Opinion of the CourtNewMAN, J.
Unless this is a final order, within the meaning of the statute, it is not appealable. To be appealable, it must be “a final order, affecting a substantial right, made . . . upon a summary application in an action after judgment.” Laws of 1895, ch. 212, sec. 1, subd. 2. It could not be appealable under subd. 1, because it does not prevent a judgment from which an appeal might be taken. It plainly contemplates further proceedings in the action, and a possible judgment. The fact that it stays proceedings in the action, and postpones judgment, does not make it appealable. Peeper v. Peeper, 53…
2Cases cited3 opinions
- Kingsbury v. KingsburyMichigan Supreme Court · 1870
- Davison v. BrownWisconsin Supreme Court · 1896
- Peeper v. PeeperWisconsin Supreme Court · 1881
3Cited by12 opinions
- Willing v. PorterWisconsin Supreme Court · 1954
- Kelm v. KelmWisconsin Supreme Court · 1931
- Latimer v. Central Electric Co.Wisconsin Supreme Court · 1898
- Moore v. HahnSouth Dakota Supreme Court · 1937
- Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1935
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