Hanson v. Custer

The order appealed from vacated a previous order which dismissed the action under sec. 269.25, Stats., for want of prosecution within five years and placed the case on the calendar of the court for trial. It also reinstated a previous order theretofore entered which opened a judgment on cognovit and permitted the defendants to answer and defend.

The order is not appealable. Sec. 274.33 limits appealable orders to the four classes mentioned therein: (1) An order affecting a substantial right which determines the action and prevents a judgment from which an appeal might be taken. (2) A final…