Russell v. Johnson

1. Appealability of order dismissing complaint. Respondents previously moved to dismiss this appeal on the ground that the order dismissing the complaint without prejudice, but with conditions for recommencement, is not an appealable order. We denied the motion.

Sec. 274.33, Stats., provides:

“The following orders when made by the court may be appealed to the supreme court:

“(1) An order affecting a substantial right, made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken.”

All three of these conditions must exist for an…