Szuszka v. City of Milwaukee

The briefs filed by the parties, and the oral arguments made by counsel before this court, have been directed to the issue of whether plaintiffs are barred from prosecuting the instant action under the rule of election of remedies. The question of whether the order appealed from is appealable has not been raised. However, parties cannot, either by failure to raise the question or by consent, confer jurisdiction upon an appellate court to review an order which is not appealable. Jaster v. Miller (1955), 269 Wis. 223, 234, 69 N. W. (2d) 265; Mitler v. Associated Contractors (1958), 3 Wis. (2d)…