Knowles v. Rogers
Wisconsin Supreme Court
Appealable order. An order by the court, refusing to vacate a previous order made by a court commissioner in a proceeding under sec. 4096, R. S. 1878, that the defendant produce certain books and papers, and regulating the examination of such hooks and papers, is neither an interlocutory nor a final order, nor one refusing, continuing, or modifying a provisional remedy, and it is not appealable under sec. 3069, R. S. 1878, as amended by ch. 380, Laws of 1897. Appeal from an…
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Appealable order. An order by the court, refusing to vacate a previous order made by a court commissioner in a proceeding under sec. 4096, R. S. 1878, that the defendant produce certain books and papers, and regulating the examination of such hooks and papers, is neither an interlocutory nor a final order, nor one refusing, continuing, or modifying a provisional remedy, and it is not appealable under sec. 3069, R. S. 1878, as amended by ch. 380, Laws of 1897. Appeal from an order of the superior court of Milwaukee-county: J. C. Ludwig, Judge. Appeal from an order of the superior court of…
1Opinion of the CourtPinney, J.
The order in question does not grant, refuse, continue, or modify a provisional remedy, and is clearly not appealable, under subd. 3, sec. 3069, E. S. 1878, as amended by ch. 380, Laws of 1897, which includes within the category of appealable orders an order which “ grants, refuses, continues, or modifies a provisional remedy.” The order appealed from does not continue the proceedings, and no motion, was made to set aside, dismiss, or discontinue them. The order to show cause required cause to be shown why
*234the order made by the commissioner during the examination, “requiring the defendant to…
2Cases cited2 opinions
- Cleveland v. BurnhamWisconsin Supreme Court · 1884
- Stuart v. AllenWisconsin Supreme Court · 1878
3Cited by1 opinion
- Phipps v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907