D'ANGELO v. Cornell Paperboard Products Co.

A threshold issue may be stated as follows : Is an order appealable which sustains a motion for a plea in abatement dismissing the action against one of the defendants where the action still continues after dismissal ?

Appealability.

Respondent contends that the order sustaining the plea in abatement is not appealable because the respondent was dismissed from the action without prejudice and without costs. Sec. 274.33, Stats., designates orders which are appealable to the supreme court. Sec. 274.33 (1) provides for appeal as to an order “affecting a substantial right, made in any action, when…