Legal Opinion

Waukesha Roxo Co. v. Gehrz

Wisconsin Supreme Court

Decided November 8, 1943PublishedCited by 3 opinions

1Opinion of the CourtFairchild, J.

Appellant’s appeal is from a conclusion in an oral decision, though later reduced to writing by the learned trial judge, but in pursuance of which no* judgment or final order was made and entered. No sentence was passed and no penalty was imposed.

An appeal does not lie from findings and conclusions of law. A judgment or final order being indispensable to the right of appeal, where the record nowhere shows that judgment or final order was ever entered, the supreme court on appeal cannot inquire into the facts. It will be seen by reference to sec. 274.33, Stats., that the question of appeal is…

2Cases cited6 opinions

  1. Miller v. AderholdSupreme Court of the United States · 1933
  2. Johnson v. MetcalfWisconsin Supreme Court · 1932
  3. Witt v. WonserWisconsin Supreme Court · 1928
  4. State v. BongiornoSupreme Court of New Jersey · 1921
  5. Jones v. GivensSupreme Court of Iowa · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In Re Interest of WolkowNebraska Supreme Court · 1980
  2. Dubman v. North Shore BankWisconsin Supreme Court · 1977
  3. Wisconsin Employment Relations Board v. United Automobile, Aircraft & Agricultural Implement Workers of AmericaWisconsin Supreme Court · 1956

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