Flannigan v. Lindgren
Wisconsin Supreme Court
Appeal from an order of the circuit court for Oconto county: S. D. Hastings, Circuit Judge. Alternative writ of mandamus to compel action on the part of respondent, as , county treasurer of Oconto county. Return was made, to which answer was filed. Thereupon relator applied for an order “prescribing what particular questions arising in said action shall be tried'by a jury.”
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Appeal from an order of the circuit court for Oconto county: S. D. Hastings, Circuit Judge. Alternative writ of mandamus to compel action on the part of respondent, as , county treasurer of Oconto county. Return was made, to which answer was filed. Thereupon relator applied for an order “prescribing what particular questions arising in said action shall be tried'by a jury.” This application was denied by order dated March 9, 1904, on the ground stated both in the order and in the accompanying opinion, that upon the case made by the pleadings mandamus could not be sustained to enforce the act…
1Opinion of the CourtDodge, J.
It is entirely plain that tbe order submitted to us for review is not within tbe appealable class. It is not even claimed to fall within any except tbe first subdivision of sec. 3069, Stats. 1898:
“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.”
But while it may affect a substantial right, and while the views of the court expressed as a reason for the order may be conclusive of the action, this order does not determine the action, for it still pends; nor does the order…
2Cases cited6 opinions
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- Mills v. ConleyWisconsin Supreme Court · 1901
- In re the Minnesota & Wisconsin RailroadWisconsin Supreme Court · 1899
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- St. Patrick's Congregation v. Home Insurance Co.Wisconsin Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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