McLeod v. Bertschy

This is a motion to dismiss an appeal from the order of the county court, denying leave to the plaintiff to discontinue the action, and is made on the alleged ground that such order is not appealable.

The cause was formerly here on an appeal from an order refusing to strike it from the calendar; and we then held that the plaintiff could not discontinue the whole action by entering an order of course to that effect, after the defendant had interposed a counterclaim consisting of a substantive cause of action against the plaintiff. 32 Wis., 205. In the manuscript opinion on that appeal, prepared…