Putney v. Milwaukee Light, Heat & Traction Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Waukesha ■county: Jakes J. Dice, Circuit Judge. In proceedings instituted by respondent for tbe condemnation of certain lands required for its right of way the commissioners appointed to make tbe appraisal, in due form of law, awarded to Doy W. Putney as owner of tbe fee $140, that to include tbe inchoate dower right of his wife; to A. S. Putney six cents; and to J. W. Putney six cents.
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Appeal from an order of tbe circuit court for Waukesha ■county: Jakes J. Dice, Circuit Judge. In proceedings instituted by respondent for tbe condemnation of certain lands required for its right of way the commissioners appointed to make tbe appraisal, in due form of law, awarded to Doy W. Putney as owner of tbe fee $140, that to include tbe inchoate dower right of his wife; to A. S. Putney six cents; and to J. W. Putney six cents. Respondent appealed to the circuit court from the award to Doy W. Putney. He moved such court to dismiss the appeal because it was not taken from the gross award.…
1Opinion of the CourtMaeshall, J.
The only part of the appeal statute in any way referring to orders of the sort here involved is subd. 1, see. 3069, Stats. 1898, providing for an appeal in case of “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.” The order here ■does not in effect determine the action and prevent a judgment •from which an appeal might be taken, hence it is not appeal-able and the attempted appeal did not .confer any jurisdiction ■on this court. Mills v. Conley, 110 Wis. 525, 86 N. W. 203;…
2Cases cited4 opinions
- Deuster v. ZillmerWisconsin Supreme Court · 1903
- Mills v. ConleyWisconsin Supreme Court · 1901
- Maxon v. GatesWisconsin Supreme Court · 1903
- Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1902
3Cited by1 opinion
- Estate of Fish v. FishWisconsin Supreme Court · 1929