Walters v. Eakins
Wisconsin Supreme Court
Aureal from an order of the circuit court for Juneau county: Jam.es O’Neill, Circuit Judge. Replevin. This suit was begun to recover possession of a Fordson tractor. The defendants claimed to be holding the same as security for the amount of $102.17 repairs. The controversy between the parties was as to whether, or not the plaintiff had properly oiled the tractor during the period of its operation.
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Aureal from an order of the circuit court for Juneau county: Jam.es O’Neill, Circuit Judge. Replevin. This suit was begun to recover possession of a Fordson tractor. The defendants claimed to be holding the same as security for the amount of $102.17 repairs. The controversy between the parties was as to whether, or not the plaintiff had properly oiled the tractor during the period of its operation. After the case had been brought to trial the parties entered into a stipulation by the terms of which a settlement was agreed upon, the liability of the respective parties to be determined by test…
1Opinion of the CourtRosenberry, J.
Although the question is not raised in briefs of counsel, we cannot take jurisdiction of this matter unless the order appealed from is in fact an appeal-able order. We find no provision of the statutes, sec. 3069, *627authorizing an appeal from an order setting aside a stipulation. The order does not prevent a judgment from which an- appeal may be taken, neither is it a final order. It does not grant or refuse a provisional remedy, nor does it vacate or refuse to set aside an order made at chambers, nor does it grant a new trial. Inasmuch as there must be a new trial, we refrain from any…
2Cited by3 opinions
- Will of PattisonWisconsin Supreme Court · 1926
- Southern Colonization Co. v. Howard Cole & Co.Wisconsin Supreme Court · 1925
- Southern Colonization Co. v. Howard Cole & Co.Wisconsin Supreme Court · 1925