State Ex Rel. Chinchilla Ranch, Inc. v. O'CONNELL

Relator, the Chinchilla Ranch, Inc., contends that Judge Gehl’s opinion filed May 13, 1949, which concluded with the sentence, “Defendant’s motion must be granted,” constituted an order within the provisions of sec. 270.53 (2), Stats., which provides:

“Every direction of a court or judge made or entered in writing and not included in a judgment is denominated an order.”

We cannot agree with such contention. It seems plain from reading Judge Gehl’s opinion in which he recites the contentions of the parties, and cites legal authorities on the question of permitting the defendant to defend the…