Wendt v. Dick
| Citation | 219 Wis. 230,262 N.W. 576 |
| Parties | WENDT v. DICK. |
| Decision Date | 08 October 1935 |
| Court | United States State Supreme Court of Wisconsin |
OPINION TEXT STARTS HERE
Appeal from an order of the County Court of Wood County; F. W. Calkins, Judge.
Action by Reinhold Wendt against Jacob Dick. From an order denying defendant's motion for dismissal of plaintiff's appeal from justice court, defendant appeals.--[By Editorial Staff].
Appeal dismissed.
R. R. Williams, of Marshfield, for appellant.
J. B. Allen, of Marshfield, for respondent.
[1] This court acquires no jurisdiction upon an appeal from a nonappealable order for any purpose except to dismiss the appeal. Puffer v. Welch, 141 Wis. 304, 124 N. W. 406;Witt v. Wonser, 195 Wis. 593, 219 N. W. 344;Jones v. United States F. & G. Co., 210 Wis. 6, 245 N. W. 650;Hanson v. Custer, 203 Wis. 55, 233 N. W. 642;City of Appleton v. Greenspon, 202 Wis. 322, 232 N. W. 598.
[2] This appeal is from an order entered May 17, 1934, denying appellant's motion for dismissal of an appeal from justice court. The order does not prevent a judgment from which an appeal may be taken, nor does it fall within any provision of section 274.33, Stats., which defines appealable orders. Chapter 218, Laws 1923, regulating the jurisdiction of the county court of Wood county in civil matters, is not inconsistent with the regulations governing appealable orders as laid down in the section cited.
Appeal dismissed.
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...from a non-appealable order, the circuit court does not have jurisdiction for any purpose, except to dismiss the appeal. Wendt v. Dick, 219 Wis. 230, 262 N.W. 576; Delpo Corporation v. Northern States Power Co., 215 Wis. 329, 330, 254 N.W. 553. There is no statutory provision which expressl......
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...would be unconscionable, is merely an attempt in different language to obtain a rehearing of the application of July 13th. Wendt v. Dick, 219 Wis. 230, 262 N.W. 576. The time for appealing from the judgment has fully expired. Under these circumstances, we consider that contentions as to the......
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...When an order is determined to be unappealable the supreme court has jurisdiction only to dismiss the appeal. Wendt v. Dick, 1935, 219 Wis. 230, 262 N.W. 576. Order No. 2 denied plaintiff's motion to require the defendant to deposit an adequate sum to the credit of the plaintiff to defray c......