Whanger v. American Family Mutual Insurance

Prior to argument in this court the plaintiffs-respondents moved to dismiss the appeal upon the ground that the order appealed from was a non-appealable order. The court denied the motion without prejudice and with leave to reassert the motion at the time of argument.

Sec. 274.33 (3), Stats., provides in part:

“Appealable orders. The following orders when made by the court may be appealed to the supreme court:

“(3) When an order grants, refuses, continues or modifies a provisional remedy . . . .”

The plaintiffs contend the order is not appealable because (1) although it granted a provisional…