Cook v. McComb
Wisconsin Supreme Court
Appeal from an order of the circuit court for Oconto county: S. D. Hastings, Je., Circuit Judge. This is an action of ejectment, in which the plaintiff was found entitled to recover by reason of the insufficiency of several tax deeds under which defendants claimed title, and all the facts were found to exist requisite, under sec. 3087, E. S., to entitle them to an order that the amount for which the lands were sold, and the cost of executing and recording the tax deeds, and…
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Appeal from an order of the circuit court for Oconto county: S. D. Hastings, Je., Circuit Judge. This is an action of ejectment, in which the plaintiff was found entitled to recover by reason of the insufficiency of several tax deeds under which defendants claimed title, and all the facts were found to exist requisite, under sec. 3087, E. S., to entitle them to an order that the amount for which the lands were sold, and the cost of executing and recording the tax deeds, and the amount paid by them for taxes assessed on the premises subsequent to the tax sale, with interest on such sum at the…
1Opinion of the CourtMaeshall, J.
The first question to be determined on this appeal is whether the order is appealable. This must be decided in favor of the respondents. The right of appeal is purely statutory, and is regulated by sec. 3069, E. S., as amended by ch. 212, Laws of 1895. If it comes under any part of such section, it is subd. 1, which reads as follows: “ An order affecting a substantial right made in an action, when such order in effect determines-the action and prevents a judgment from which an appeal might be taken.” Obviously, this order does not prevent a judgment from which an appeal might be taken. It may…
2Cited by5 opinions
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