Morse v. Stockman
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waukesha County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday : Tbis bill in equity for partition was commenced December 8, 1884: It alleges, in effect, that John Stockman died intestate, seized in fee simple and possessed of tbe premises .in question’,, leaving Mm surviving a widow, who died half an hour thereafter, and two sons, Gha/rles and Ealph, who were ids only children and sole heirs at law, and who…
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APPEAL from tbe Circuit Court for Waukesha County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday : Tbis bill in equity for partition was commenced December 8, 1884: It alleges, in effect, that John Stockman died intestate, seized in fee simple and possessed of tbe premises .in question’,, leaving Mm surviving a widow, who died half an hour thereafter, and two sons, Gha/rles and Ealph, who were ids only children and sole heirs at law, and who thereby became the lawful owners and possessed of the premises in question; that the plaintiff had become the owner in fee and…
1Opinion of the CourtCassoday, J.
An application to be made a party is regarded as a special proceeding. Sec. 2594, R. S.; Carney v. Gleissner, 62 Wis. 497. When the application is denied, the *40order to that effect is necessarily final; and if, in addition, it affects a substantial right, it is appealable. Subd. 2, sec. 3069, R. S.; 62 Wis. 491.
It is claimed that since tbe order discontinuing the action as against these appellants was never appealed from, it is still in force, and hence a bar to the application to be made parties. The application for that order was a motion. Sec. 2813, R. S. Being a motion, it could not be…
2Cases cited15 opinions
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