Deuster v. Zillmer
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig^ Judge. This is an appeal from an order vacating a judgment of an acting justice of the peace.
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Appeal from an order of the superior court of Milwaukee county: J. 0. Ludwig^ Judge. This is an appeal from an order vacating a judgment of an acting justice of the peace. The records show that on July J, 1902, the appellant commenced a replevin action against the respondent before one James Mclver, who was then acting as a justice of the peace in the town of Lake, Milwaukee county, and that appellant obtained judgment for the goods replevied; valued at $113.55, and for $76 damages and costs, July 10, 1902, from which judgment the respondent duly appealed to the superior court of Milwaukee…
1Opinion of the CourtWiNsnow, J.
The first question to be considered is whether the order appealed from is in fact appealable. If appealable, it can only be under the first or second subdivision of sec. 3069, Stats. 1898, which provide for appeals from the following orders:
“1. An order affecting a substantial right made in any action when such order in effect determines the action and prevents a judgment from which an appeal might be taken.
“2. A final order affecting a substantial right made in special proceedings or upon a summary application in an action after judgment.”
If the order in question be an order made in the…
2Cases cited8 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- State ex rel. Knowlton v. WilliamsWisconsin Supreme Court · 1856
- In re of BoyleWisconsin Supreme Court · 1859
- Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Wengerd v. RinehartCourt of Appeals of Wisconsin · 1983
- Ellinger v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1905
- State ex rel. Lochschmidt v. RaislerWisconsin Supreme Court · 1907
- Wellens v. Kahl Insurance Agency, Inc.Court of Appeals of Wisconsin · 1988
6 more not listed; retrieve them via the Exa API.