Halldin v. Peterson

The first issue presented on this appeal is whether the disputed order is appealable. Defendants’ motion to dismiss the appeal on this basis was denied by this court on May 3, 1968, without prejudice to renew the argument at this time,

Defendants now do so, arguing that Judge Bode’s order is not appealable under sec. 274.83, Stats. Sec. 274.33 (1) and (2), concerning orders affecting a substantial right, are inapplicable. Plaintiffs so admit. But sec. 274.33 (3) makes appealable an order which “grants, refuses, continues or modifies a provisional remedy.”

Under this section orders made pursuant…