Legal Opinion

Herman Andrae Electrical Co. v. Packard Plaza, Inc.

Wisconsin Supreme Court

Decided March 6, 1962PublishedCited by 4 opinions

1Opinion of the CourtCurrie, J.

We are satisfied that the order appealed from does not fall within any of the categories of appeal-able orders set forth in sec. 274.33, Stats. 1 This requires that the appeal be dismissed.

The instant order clearly is not embraced within those orders made appealable by subs. (1), (3), and (4) of the statute. Even if a reference proceeding is considered a special proceeding, this order would not be appealable under sub. (2) of the statute because it is not a “final order” within the meaning of that subsection. This court has stated that the test to determine whether an order is a “final order”…

2Cases cited3 opinions

  1. Mitler v. Associated Contractors, Inc.Wisconsin Supreme Court · 1958
  2. Willing v. PorterWisconsin Supreme Court · 1954
  3. A. J. Straus Paying Agency, Inc. v. Caswell Building Co.Wisconsin Supreme Court · 1938

3Cited by4 opinions

  1. Wittke v. State Ex Rel. SmithWisconsin Supreme Court · 1977
  2. State v. AntesWisconsin Supreme Court · 1976
  3. McCarville v. HinkinsWisconsin Supreme Court · 1970
  4. Shriner's Hospital for Crippled Children v. PierceWisconsin Supreme Court · 1967

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