Britz v. Chilsen
Wisconsin Supreme Court
1Opinion of the CourtBrown, J.
Sec. 274.33 (1), Stats., defines an appealable order as “an order affecting a substantial right, made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken.” No other statutory provision appears to be applicable to the situation before us. The order in question does not determine the action nor prevent a judgment from which an appeal may be taken. It has been held many times that an order striking out, as irrelevent, portions of a pleading is not appealable. Wiesmann v. Shanley (1905), 124 Wis. 431, 102 N. W. 932 (complaint)…
2Cases cited6 opinions
- Gilbert v. HoardWisconsin Supreme Court · 1930
- State v. LewisWisconsin Supreme Court · 1916
- Gooding v. DoyleWisconsin Supreme Court · 1908
- Wiesmann v. ShanleyWisconsin Supreme Court · 1905
- Bolick v. GallagherWisconsin Supreme Court · 1954
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. Chippewa Cable Co.Wisconsin Supreme Court · 1963
- Stafford v. General Supply Co.Wisconsin Supreme Court · 1958
- Gauger v. LudwigWisconsin Supreme Court · 1972
- Glomstead v. Chicago & North Western RailwayWisconsin Supreme Court · 1968