Johnston v. Reiley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action by plaintiff, as executor of the last will of Alexander Johnston, upon three promissory notes made by defendant; two of them (for $1,500 and $1, Ó00, respectively) running to said Johnston, and the third (for $62) running to one Chapin.
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APPEAL from the Circuit Court for Milwaukee County. Action by plaintiff, as executor of the last will of Alexander Johnston, upon three promissory notes made by defendant; two of them (for $1,500 and $1, Ó00, respectively) running to said Johnston, and the third (for $62) running to one Chapin. As to the third note, the answer denied that it was ever transferred by Chapin to said Johnston ; and, as to the other two, it alleged that they were executed, together with certain chattel mortgages, merely to secure an open account of defendant with a partnership of which said Johnston was a member.…
1Opinion of the CourtCole, J.
We are inclined to hold the order staying proceedings until the accounting could be had in the other action, not appealable. It related only to the time of the trial of the action, and was much like an order granting a continuance of the cause. It is very manifest that there are many orders staying proceedings *496which are matters of discretion on the part of the court, and from which no appeal lies. We think this is one of them. It appears to us that the only clause of the appeal statute under which it could with any reason be claimed that this order is appealable, is the 4th subdivision of…
2Cited by9 opinions
- In re PhelanWisconsin Supreme Court · 1937
- Felt v. AmidonWisconsin Supreme Court · 1879
- Parmalee v. WheelerWisconsin Supreme Court · 1873
- Clark v. Bay Circuit JudgeMichigan Supreme Court · 1908
- Maynard v. Town of GreenfieldWisconsin Supreme Court · 1899
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