Welsher v. Libby
| Decision Date | 20 March 1900 |
| Citation | 82 N.W. 143,106 Wis. 291 |
| Court | Wisconsin Supreme Court |
| Parties | WELSHER v. LIBBY, MCNEIL & LIBBY. |
OPINION TEXT STARTS HERE
Appeal from circuit court, Dane county; Robert G. Siebecker, Judge.
Action by W. A. Welsher against Libby, McNeil & Libby for a balance due plaintiff for services and commissions. From an order overruling a motion to set aside the service of the summons and complaint, defendant appeals. Dismissed.Buell & Hanks, for appellant.
Shuttleworth & Dibble, for respondent.
This is an appeal by the defendant, a foreign corporation, from an order of the circuit court refusing to set aside the service of the summons and complaint, and imposing costs of motion. The appeal must be dismissed, because the order is not an order within the category of appealable orders contained in section 3069, Rev. St. 1898, nor is there any special statute making such order appealable. The idea seems to have been entertained that, because the order imposed costs of motion, it shall be treated as a judgment for the purposes of an appeal, such idea being founded upon inaccurate language used in Kingsley v. Railway Co., 91 Wis. 380, 64 N. W. 1036. This idea was distinctly rejected in Lewis v. Railway Co., 97 Wis. 368, 72 N. W. 976, and it is not necessary to further enlarge upon the subject. Appeal dismissed.
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...order refusing to dismiss perpetuates it, and is not final. Moyer v. Koontz, 103 Wis. 22, 79 N. W. 50, 74 Am. St. Rep. 837;Welsher v. Libby, 106 Wis. 291, 82 N. W. 143;Benolkin v. Guthrie, 111 Wis. 554, 87 N. W. 466. Perusal of the opinion fails to make entirely clear to my mind whether the......
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...to set aside the service of a summons is not appealable. Latimer v. Central Electric Co., 101 Wis. 310, 77 N. W. 155;Welsher v. Libby, 106 Wis. 291, 82 N. W. 143. Neither can its validity be tested by a writ of error (Paine v. Chase, 14 Wis. 653), for that can be brought only on a judgment ......
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State ex rel. Pierce-Arrow Motor Car Co. v. Circuit Court of Milwaukee Cnty.
...set aside such service is not appealable. Rev. St. § 3069; Latimer v. Cent. Elec. Co., 101 Wis. 310, 77 N. W. 155;Welsher v. Libby, McNeil & Libby, 106 Wis. 291, 82 N. W. 143. Nor can such an order be brought to this court by ordinary writ of error. Paine v. Chase, 14 Wis. 653;Eaton v. Gill......