In re the Minnesota & Wisconsin Railroad
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Pierce-county: E. W. Helms, Circuit Judge. Appeal from order of tbe circuit court denying tbe petitioner’s motion to dismiss tbe petition in condemnation proceedings.
1Opinion of the Court
Tbe following opinion was filed April 4, 1899:
Hodge, J.
Tbe court has no jurisdiction to entertain an appeal from this order. Such jurisdiction cannot exist under-any of tbe subdivisions of sec. 3069, Stats. 1898,— not under subd. 1, because it does not in effect determine the action,, nor prevent a judgment from which an appeal can be taken nor under subd. 2, for tbe reason that it is not a final order, though made in a special proceeding. Subds. 3 and 4, of' course, have no application.
While both parties consent to and urge consideration of tbe merits of tbe order on this appeal, tbe court…
2Cases cited1 opinion
- Hyde v. German National Bank of OshkoshWisconsin Supreme Court · 1897
3Cited by8 opinions
- Gilbert v. HoardWisconsin Supreme Court · 1930
- Wisconsin Real Estate Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Manns v. Marinette & Menominee Paper Co.Wisconsin Supreme Court · 1931
- Ketchum Coal Co. v. Pleasant Valley Coal Co.Utah Supreme Court · 1917
- Flannigan v. LindgrenWisconsin Supreme Court · 1904
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