Hyde v. German National Bank of Oshkosh
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action was brought by the plaintiff to compel the defendant the German National Bank of Oshkosh to account for the proceeds of certain lumber and timber cut from lands claimed to belong to the plaintiff, which the defendant bank claimed to hold as security for certain loans made to the plaintiff and to the defendant the Paulding Lumber Company. ■ The plaintiff bought certain…
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Appeal from an order of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action was brought by the plaintiff to compel the defendant the German National Bank of Oshkosh to account for the proceeds of certain lumber and timber cut from lands claimed to belong to the plaintiff, which the defendant bank claimed to hold as security for certain loans made to the plaintiff and to the defendant the Paulding Lumber Company. ■ The plaintiff bought certain standing timber in Michigan, and in order to pay the purchase price he borrowed certain moneys of the German National Bank…
1Opinion of the CourtPinney, J.
The order from which the defendant the German National Bank has appealed as from a final judgment is simply an order of reference for taking an account, and does not determine, or purport to determine, the rights of' the parties in any respect whatever. It is not within the-*410■class, of appealable orders. Laws of 1895, ch. 212. The result of the accounting was designed, it is presumed, to form fche basis of the final judgment in the action, yet to be rendered. There has been no final adjudication of any part ■of the merits of the action. “ In our practice there is no such thing as an…
2Cases cited5 opinions
- Treat v. HilesWisconsin Supreme Court · 1889
- Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1874
- Singer v. HellerWisconsin Supreme Court · 1876
- Gage v. AllenWisconsin Supreme Court · 1893
- Scott v. ReeseWisconsin Supreme Court · 1875
3Cited by11 opinions
- Gilbert v. HoardWisconsin Supreme Court · 1930
- Wisconsin Real Estate Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Egaard v. DahlkeWisconsin Supreme Court · 1901
- Estate of Fish v. FishWisconsin Supreme Court · 1929
- Latimer v. Central Electric Co.Wisconsin Supreme Court · 1898
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