Pabst Brewing Co. v. Milwaukee Lithographing Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Action for unlawful detainer, tried in the civil court of Milwaukee county without a jury, a jury having been waived, where judgment went for the plaintiff, appellant here, and on appeal to the circuit court a new trial was ordered. The appeal here is from the order of the circuit court granting a new trial.
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Appeal from an order of the circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Action for unlawful detainer, tried in the civil court of Milwaukee county without a jury, a jury having been waived, where judgment went for the plaintiff, appellant here, and on appeal to the circuit court a new trial was ordered. The appeal here is from the order of the circuit court granting a new trial. The respondent, Milwaukee Lithographing Companyand its predecessors occupied the premises in question, known as 211-219 Third street in the city of Milwaukee, for many years prior to April,…
1Opinion of the CourtKeewin, J.
It is suggested by respondent, though not very strenuously pressed in argument, that the order granting a new trial is not appealable. It is said that the appellant is not aggrieved, because if it has a meritorious cause of action it still has opportunity to substantiate it on a trial in the circuit court.
The right of appeal is statutory, and the question turns on whether see. 3069, Stats., reaches the present order. Sec. 3069 enumerates the appealable orders, and provides that, when an order of the circuit court grants a new trial, such order may be carried to the supreme court by appeal. It…
2Cases cited6 opinions
- Duncan v. DuncanWisconsin Supreme Court · 1901
- Eder v. GrifkaWisconsin Supreme Court · 1912
- Hanna v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1914
- Hubbard v. FerryWisconsin Supreme Court · 1909
- Williams v. Foss-Armstrong Hardware Co.Wisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Le Sage v. Le SageWisconsin Supreme Court · 1937
- Yahnke v. LangeWisconsin Supreme Court · 1919
- Foster v. BauerWisconsin Supreme Court · 1921
- Mechanical Appliance Co. v. A. Kieckhefer Elevator Co.Wisconsin Supreme Court · 1916
- Chapleau v. Manhattan Oil Co.Wisconsin Supreme Court · 1922
9 more not listed; retrieve them via the Exa API.