Latimer v. Central Electric Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: R. G-. Siebecker, Circuit Judge. The service of the summons was by publication. Defendant moved the court for an order setting aside the service, and' appeared in the action specially for that purpose. The motion was denied, and an order was entered accordingly, from which defendant appealed.
1Opinion of the CourtMarshall, J.
The order appealed from did not prevent a judgment from which an appeal might be taken, hence is not appealable under subd. 1, sec. 3069, Stats. 1898, and manifestly it is not under any other subdivision of the appeal statute. Ledebuhr v. Grand Grove of Wisconsin Order of Druids, *31197 Wis. 341; Hyde v. German Nat. Bank, 96 Wis. 406; Milbauer v. Schotten, 95 Wis. 28. It should, not be forgotten that the right of appeal is -wholly statutory and that by ch. 212, Laws of 1895, as subsequently amended and carried into the section cited, a material change was made as to appealable •orders. Many…
2Cases cited3 opinions
- Ledebuhr v. Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1897
- Hyde v. German National Bank of OshkoshWisconsin Supreme Court · 1897
- Milbauer v. SchottenWisconsin Supreme Court · 1897
3Cited by9 opinions
- Rix v. Sprague Canning Machinery Co.Wisconsin Supreme Court · 1914
- Heinemann v. PierWisconsin Supreme Court · 1901
- Waukesha County Agricultural Society v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Tetley v. Rock Falls Manufacturing Co.Wisconsin Supreme Court · 1922
- Gear v. HenryHawaii Supreme Court · 1912
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