Prochnow v. Northwestern Iron Co.
Wisconsin Supreme Court
Appeal from orders of the circuit court for Dodge county: 'Martin L. Lueck, Circuit Judge. This action was brought by the plaintiffs Gustav Prochnow .and Matilda Prochnow, his wife, to recover damages for the maintenance of an alleged nuisance and to abate the same. 'The action was commenced September 16, 1911. October 10, 1911, the defendant answered.
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Appeal from orders of the circuit court for Dodge county: 'Martin L. Lueck, Circuit Judge. This action was brought by the plaintiffs Gustav Prochnow .and Matilda Prochnow, his wife, to recover damages for the maintenance of an alleged nuisance and to abate the same. 'The action was commenced September 16, 1911. October 10, 1911, the defendant answered. Afterwards on motion the •defendant was permitted to amend its answer by setting up .a defense of- the statutes of limitation, and also a separate •defense by way of answer in abatement as against the plaintiff Matilda Prochnow as a…
1Opinion of the CourtKbewiN, J.
1. Counsel for appellants contend that tbe court should not have allowed tbe amendment setting up the statutes of limitation, nor tbe amendment setting up tbe answer in abatement as to plaintiff Matilda Prochnow, and argue tbe question under this bead to considerable extent in their brief. We are, however, precluded from considering tbe error assigned under this bead for the reason that tbe first order is not appealable. Sec. 3069, Stats., provides what orders may be carried by appeal- to the supreme court* and tbe order in question does not come within any provision of this statute.
Tbe…
2Cases cited17 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Huntzicker v. CrockerWisconsin Supreme Court · 1908
- Wisconsin Real Estate Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Remington v. FosterWisconsin Supreme Court · 1877
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3Cited by10 opinions
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