Era Club, Inc. v. Rupp
| Decision Date | 15 February 1944 |
| Citation | 13 N.W.2d 88,244 Wis. 587 |
| Parties | ERA CLUB, Inc., v. RUPP. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from an order of the Circuit Court for Dane County; Alvin C. Reis, Judge.
Appeal dismissed.
Action in replevin, commenced November 13, 1942, by the Era Club, Inc., against George A. Rupp for possession of certain items of furniture taken from the premises occupied by the Era Club at 237 West Gilman Avenue by said Rupp on the 13th day of November, 1942, and placed for storage in the Madison Fireproof Warehouse. A non-suit was granted and the plaintiff appeals.
William A. Nathenson, of Madison, for appellant.
Lee & Becker, of Madison, for respondent.
When the motion for non-suit was made, the evidence showed that plaintiff by reason of its acts had become a tenant holding over its term under sec. 348.11, Stats., and that the landlord had a right of re-entry. Peaceable entry having been made and the tenant's goods removed and stored subject to the tenant's orders, the order for non-suit was properly granted. However, as no judgment was entered and because the order is not an appealable order, the appeal must be dismissed.
Appeal dismissed.
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Fredrick v. City of Janesville
...court has held that orders granting motions for nonsuit at the close of the plaintiff's case were not appealable. Era Club, Inc. v. Rupp, 244 Wis. 587, 13 N.W.2d 88 (1944). Such orders were not appealable because they did not determine the action nor prevent a judgment from which an appeal ......