Kimmel v. Kimmel

This is a divorce action by the wife against the husband. Order No. 1 denied plaintiff’s motion to inter-plead a corporation and a partnership in which plaintiff alleged that the parties have financial interests.

Orders from which appeals may be taken are designated by sec. 274.33, Stats. The part of the statute pertinent to Order No. 1 permits an appeal to the supreme court from:

“(1) 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.”

Appellant submits that the order should be…