Last v. Puehler

The order sustaining the demurrer and dismissing the complaint amounts to a final determination of the rights of the parties to the action and therefore is in effect a judgment and appealable. Sec. 270.53 (1), Stats. An order dismissing the complaint may be treated by this court as a judgment. State v. Donohue (1960), 11 Wis. (2d) 517, 105 N. W. (2d) 844. See Russell v. Johnson (1961), 14 Wis. (2d) 406, at page 412, footnote 7, 111 N. W. (2d) 193; State v. Eigel (1933), 210 Wis. 275, 246 N. W. 417. On appeal from a judgment this court can review an order sustaining the demurrer. Sec. 274.34.…