Manns v. Marinette & Menominee Paper Co.

• Decision Date: 10 March 1931
• Citation: 205 Wis. 349,235 N.W. 426
• Court: Wisconsin Supreme Court
• Parties: MANNS ET AL. v. MARINETTE & MENOMINEE PAPER CO. ET AL.

205 Wis. 349

235 N.W. 426

MANNS ET AL.

v.MARINETTE & MENOMINEE PAPER CO. ET AL.

Supreme Court of Wisconsin.

March 10, 1931.

Appeal from an order of the Circuit Court for Marinette County; A. F. Murphy, Judge.

Condemnation proceeding by Theodore Manns and others against the Marinette & Menominee Paper Company and others. From order denying the motion of defendants to vacate and set aside an order appointing commissioners, defendants appeal.--[[[By Editorial Staff.]

Appeal dismissed.

Action begun in April 1930; order appointing condemnation commissioners filed June 5, 1930.

The order appealed from denied the motion of defendants to vacate and set aside an order appointing commissioners in a condemnation proceeding begun by the owners of the property under section 32.04, Stats.Adolph P. Lehner and Lehner & Lehner, all of Oconto Falls (James F. Hamill, of New York City, of counsel), for appellants.

L. M. Nelson, of Marinette, for respondents.

FAIRCHILD, J.

[1][2] Where no statute authorizes an appeal to this court, there can be no appeal. Puffer v. Welch, 141 Wis. 304, 124 N. W. 406;Wildes v. Franke, 157 Wis. 189, 146 N. W. 1119. The purpose of this rule of practice is to serve public interest in a speedy end to litigation. Appeals from orders not affecting substantial rights usually accomplish only delays. In condemnation proceedings the only appeal referred to in any of the sections in chapter 32 is in section 32.11--“any party to a condemnation proceeding * * * may appeal from the award of the commissioners to the circuit court of the county. * * *” And it is further provided that the appeal shall be treated as an action pending in the court with the owners of the property as plaintiffs and the party by whom the property is taken as defendant. The proceedings thereafter are those of an action in said court subject to all the provisions of law relating to actions originally brought therein. This means that there is a trial de novo before the court and jury and any and all issues that can be properly framed or asserted may be examined and decisions made thereon. And this court does not have jurisdiction to entertain an appeal from this order under section 274.33, Stats. As was said in Re Minnesota & Wisconsin R. Co., 103 Wis. 191, 78 N. W. 753: “Such jurisdiction cannot exist under any of the subdivisions of section 3069, Rev. St. 1898 [now section 274.33]--not under subdivision 1, because it does not in effect determine the action,...