Waddell v. Mamat

Respondent raises the question whether this is an appealable order. The order denies to appellants a substantial right given them by sec. 85.05 (3), Stats. 1951. It is a right comparable to that granted under sec. 326.12 which has been held to be a provisional remedy. See 1 Callaghan’s Wis. Dig., Appeal and Error, p. 293, sec. 197. An order denying such a right is appealable under sec. 274.33.

Sec. 85.05 (3), Stats. 1951, so far as material, provided:

“The use and operation by a nonresident of a motor vehicle over the highways of Wisconsin shall be deemed an irrevocable appointment binding upon…