Wilt v. Neenah Cold Storage Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Shawano •county: Johu GoodlaND, Circuit Judge. Action to recover on 135 causes of action, each being on contract. All but eight were tbe same in tbe essential features as tbe second relative to the question of whether the cause, in the whole, was a proper one for a compulsory reference to hear, try, and determine.
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Appeal from an order of the circuit court for Shawano •county: Johu GoodlaND, Circuit Judge. Action to recover on 135 causes of action, each being on contract. All but eight were tbe same in tbe essential features as tbe second relative to the question of whether the cause, in the whole, was a proper one for a compulsory reference to hear, try, and determine. The second was to recover the reasonable value of a specified amount of milk alleged to have been furnished by a person named to the defendant between specified dates, the dealings being with one A. C. Werth, agent of the defendant and…
1Opinion of the CourtMarshall, J.
It is considered that the order is not ap-pealable. The only part of the appeal statute where such orders are referred to is the first clause of subd. 1, sec. 3069, Stats. 1898. The order is one “affecting a substantial right made in an action.” The second clause of such subdivision limits the right of appeal from such an order to cases where it “in effect determines the action and prevents a judgment from which an appeal might be taken.” If such orders were appealable prior to the law of 1895 (ch. 212), it was under subd. 4, sec. 3069, R. S. 1878, which was repealed by such law. An order of…
2Cases cited7 opinions
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Hart v. GodkinWisconsin Supreme Court · 1904
- Johnson v. GoultWisconsin Supreme Court · 1900
- Knips v. StefanWisconsin Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Thomas/Van Dyken Joint Venture v. Van DykenWisconsin Supreme Court · 1979
- City of Appleton v. GreensponWisconsin Supreme Court · 1930
- Gill v. HermannWisconsin Supreme Court · 1919
- Northland Greyhound Lines, Inc. v. BlincoWisconsin Supreme Court · 1956