Goodman v. Wisconsin Electric Power Co.

Plaintiff moved to dismiss this appeal for the reason that it is not an appealable order. Sec. 274.33 (3), Stats., designating appealable orders, includes an order granting a new trial. While this does not mean that every order granting a new trial is appealable, when issue has been joined and judicial examination of the issues between the parties has been had and judgment entered thereon, a substantial right has been obtained by the successful party. An order vacating such judgment and granting a new trial affects this substantial right and prevents a judgment from which an appeal might be…