Wiesmann v. Shanley
| Decision Date | 14 March 1905 |
| Citation | 124 Wis. 431,102 N.W. 932 |
| Parties | WIESMANN v. SHANLEY ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Kenosha County; E. B. Belden, Judge.
Action by Henry Wiesmann against George F. Shanley and others. From an order striking out certain portions of the complaint, plaintiff appeals. Appeal dismissed.Henry Wiesmann, in pro. per.
Peter Fisher, for respondents.
Orders striking out parts of pleadings were in some cases held appealable under subdivision 4, § 3069, Rev. St. 1878, as involving “the merits of the action or some part thereof.” Freeman v. Engelmann Transportation Co., 36 Wis. 571,Carpenter v. Reynolds, 58 Wis. 666, 17 N. W. 300;Dewald v. Dewald, 89 Wis. 353, 62 N. W. 175. That subdivision was eliminated by chapter 212, p. 357, Laws 1895. Adamson v. Raymer, 94 Wis. 243, 250, 68 N. W. 1000. Since then no statute is claimed to confer appealability upon such orders, except, perhaps, subdivision 1, § 3069, Rev. St. 1898. That, however, cannot be effective, for the order, much as it may affect a substantial right, in no wise determines the action, nor prevents a judgment from which an appeal might be taken. Flannigan v. Lindgren (Wis.) 100 N. W. 818. No statute authorizing the present appeal, we are without jurisdiction to entertain it.
Appeal dismissed.
To continue reading
Request your trial
-
First Wis. Nat. Bank of Milwaukee v. Carpenter
...has no jurisdiction to entertain an appeal from a nonappealable order.” Gilbert v. Hoard, 201 Wis. 572, 230 N. W. 720;Wiesmann v. Shanley, 124 Wis. 431, 102 N. W. 932. For some time prior to the enactment of chapter 212, Laws 1895, which amended subdivision 4 of section 3069, S. & B. Ann. S......
- Yess v. Chi. Brass Co.
-
State v. Lewis
...be granted. Such an order is not one subject to review by this court by direct appeal therefrom. Section 3069, Stats.; Wiesmann v. Shanley, 124 Wis. 431, 102 N. W. 932;Gooding v. Doyle, 134 Wis. 623, 115 N. W. 114. By section 5, c. 426, Laws 1913, there was incorporated into the law and mad......
-
Gauger v. Ludwig
...230 N.W. 720; State v. Lewis (1916), 164 Wis. 363, 159 N.W. 746; Gooding v. Doyle (1908), 134 Wis. 623, 115 N.W. 114; Wiesmann v. Shanley (1905), 124 Wis. 431, 102 N.W. 932. Such an order does not determine the action nor prevent a judgment from which an appeal may be taken. 4 There are ins......