Kingston v. Kingston
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Waukesha county: James J. Dice, Circuit Judge. Tbe appeal is from an order appointing a referee under tbe provisions of sec. 3, cb. 300, Laws of 1899. Respondent moves to dismiss because of asserted nonappealability of tbe order.
1Opinion of the CourtDodge, J.
Appealability of this order must find support, if at all, in subd. 2, see. 3069, Stats. 1898, as “a final order affecting a substantial right made in a special proceeding.” Ch. 300, Laws of 1899, clearly provides for a special proceeding, as distinguished from an action. Sec. 3 directs that, immediately upon tbe presentation of an application for sale of tbe real-estate interests of persons therein described, tbe circuit court must appoint some suitable person as referee to make such sale, who shall give bond. Upon tbe coming in of bis bond tbe court is to proceed to bear tbe evidence, by…
2Cases cited8 opinions
- M'Credie v. E. & R. SeniorNew York Court of Chancery · 1834
- Mitchell v. . KilburnSupreme Court of North Carolina · 1876
- In re SchumakerWisconsin Supreme Court · 1895
- Maynard v. Town of GreenfieldWisconsin Supreme Court · 1899
- Matter of Freeholders of IrondequoitNew York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCarville v. HinkinsWisconsin Supreme Court · 1970
- State v. LampingWisconsin Supreme Court · 1967
- In re Dancy Drainage DistrictWisconsin Supreme Court · 1906
- Shriner's Hospital for Crippled Children v. PierceWisconsin Supreme Court · 1967
- Kastenmeier v. KeskeWisconsin Supreme Court · 1966
6 more not listed; retrieve them via the Exa API.