Peeper v. Peeper
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The action is by one of the heirs of Joseph Eenley against his widow’and other heirs, for partition of certain real estate of which he died seized, and which he did not dispose of by will.
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APPEAL from the Circuit Court for Grant County. The action is by one of the heirs of Joseph Eenley against his widow’and other heirs, for partition of certain real estate of which he died seized, and which he did not dispose of by will. The circuit court proceeded in the trial of the action upon issues made by the answers of two of the defendants, until it became apparent that the distributive shares of some of the heirs were chargeable with various sums received by them respectively from the intestate by way of advancement, and until it appeared that proceedings to administer the estate of…
1Opinion of the CourtLyon, J.
The order staying proceedings in the circuit court, from which this appeal is taken, does not involve the merits of the action, or any part thereof, and therefore is not an appealable order. The cases of Johnston v. Reiley, 24 Wis., 494; Noble v. Strachan, 32 Wis., 314; Parmalee v. Wheeler, id., 429; and McDonald, v. G. B. & M. Canal Co., 42 Wis., 335, are not distinguishable in principle from this case. Those cases are conclusive against the appealability of this order, and nothing can profitably be added to what is said in them on the subject.
By the Court.— The appeal is dismissed.
2Cases cited3 opinions
- Noble v. StrachanWisconsin Supreme Court · 1873
- Johnston v. ReileyWisconsin Supreme Court · 1869
- McDonald v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1877
3Cited by4 opinions
- Ledebuhr v. Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1897
- Maynard v. Town of GreenfieldWisconsin Supreme Court · 1899
- Carpenter v. ReynoldsWisconsin Supreme Court · 1883
- Meade County Bank v. DeckerSouth Dakota Supreme Court · 1904