Henry v. Beattie
Wisconsin Supreme Court
1Opinion of the CourtHanley, J.
The principal issue on this appeal is whether the order of January 26,1968, vacating the judgment of dismissal, is an appealable order.
We think the order is not appealable and the appeal should be dismissed.
“An order opening or vacating a judgment and permitting further proceedings is not a final order and, accordingly, not appealable under sec. 274.33 (2), Stats., even *707though it affects a substantial right and is made, obviously, in an action after judgment. . . .” Buckley v. Park Building Corp. (1965), 27 Wis. 2d 425, 430, 134 N. W. 2d 666.
Although the only part of sec. 274.33, Stats.,…
2Cases cited3 opinions
- Jaster v. MillerWisconsin Supreme Court · 1955
- August Schmidt Co. v. Hardware Dealers Mutual Fire InsuranceWisconsin Supreme Court · 1965
- Buckley v. Park Building Corp.Wisconsin Supreme Court · 1965
3Cited by2 opinions
- Scheid v. StateWisconsin Supreme Court · 1973
- Scheid v. StateWisconsin Supreme Court · 1973