Legal Opinion

Gauger v. Ludwig

Wisconsin Supreme Court

Decided November 28, 1972No. 169PublishedCited by 9 opinions

1Opinion of the CourtConnor T. Hansen, J.

We are of the opinion that the order before us is not an appealable order because it is not one of the orders enumerated in sec. 274.33, Stats.

The issue of appealability is not raised by either party. However, this court has the responsibility of examining the issue because it goes directly to the question of whether this court has subject-matter jurisdiction over the appeal. 3

An order striking a portion of a pleading as irrelevant is not an appealable order. Britz v. Chilsen (1956), 273 Wis. 392, 78 N. W. 2d 896; Gilbert v. Hoard (1930), 201 Wis. 572, 230 N. W. 720; State v. Lewis (1916),…

2Cases cited11 opinions

  1. State v. Chippewa Cable Co.Wisconsin Supreme Court · 1963
  2. Gilbert v. HoardWisconsin Supreme Court · 1930
  3. State v. LewisWisconsin Supreme Court · 1916
  4. United States v. BurczykWisconsin Supreme Court · 1972
  5. McCarville v. HinkinsWisconsin Supreme Court · 1970

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Schwabe v. Chantilly, Inc.Wisconsin Supreme Court · 1975
  2. Sundseth v. Roadmaster Body Corp.Wisconsin Supreme Court · 1976
  3. Estate of Anne Oros v. Divine Savior Healthcare Inc.Wisconsin Supreme Court · 2022
  4. Glens Falls Insurance Co. of New York v. Concrete Research, Inc.Wisconsin Supreme Court · 1973
  5. U. I. P. Corp. v. Lawyers Title Insurance Corp.Wisconsin Supreme Court · 1974

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