Wildes v. Franke
| Decision Date | 01 May 1914 |
| Docket Number | No. 71.,71. |
| Citation | 157 Wis. 189,146 N.W. 1119 |
| Parties | WILDES v. FRANKE. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Milwaukee County; Oscar M. Fritz, Judge.
Action by F. J. Wildes against H. E. Franke. From an order of the circuit court affirming an order of the civil court for Milwaukee county vacating a judgment for plaintiff, he appeals. Appeal dismissed.C. H. Hamilton, of Milwaukee, for appellant.
Wheeler & Witte, of Milwaukee, for respondent.
[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. The circuit court orders which are appealable to this court are specified in section 3069, Stats. 1913, and the order here appealed from is not there mentioned. This order is not properly described as a final order of the circuit court upon a summary application in an action after judgment, nor as an order granting a new trial. If the order of the civil court could be considered final, an appeal would lie from that order to the circuit court. Chapter 549, Laws of 1909, chapter 425, § 20, Laws of 1911; section 3069, supra; Port Huron, etc., Co. v. Rude, 101 Wis. 324, 77 N. W. 177;Ledebuhr v. Grand Grove, etc., 97 Wis. 341, 72 N. W. 884.
[3] But whether or not the order was appealable from civil court to circuit court is a question not within our jurisdiction to determine on this appeal, if this appeal is unauthorized. Wisconsin Real Estate Co. v. Milwaukee, 151 Wis. 198, 138 N. W. 642. No lack of jurisdiction on the part of the civil court to vacate the judgment is asserted. If the circuit court erred in affirming the order of the civil court, instead of dismissing the appeal to that court, that would not be a prejudicial error; but, as said before, the question is not before us. An order of the circuit court granting a new trial in a case appealed from the civil to the circuit court has been held appealable to this court, because section 3069 expressly gives an appeal to this court from the order of the circuit court granting a new trial. Hanna v. C., M. & St. P. Ry. Co., 146 N. W. 878, decided April 9, 1914. So an order of the circuit court affirming an order of the civil court overruling a demurrer has for a similar reason been held appealable. Danielson v. Garage Equipment Co., 151 Wis. 492, 139 N. W. 443. But the order of the circuit court here appealed from is clearly not appealable because not one described in section 3069, supr...
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Golden v. Green Bay Metropolitan Sewerage Dist.
...138 N. W. 109;Puffer v. Welch, 141 Wis. 304, 124 N. W. 406;Puhr v. Chicago & N. W. R. Co., 168 Wis. 101, 169 N. W. 305;Wildes v. Franke, 157 Wis. 189, 146 N. W. 1119. Certainly if legislation withholding entirely the mere statutory right to appeal affords no ground for holding such legislat......
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...'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.' In the Manns case it was also said, 205 Wis. at page 355, 238 N.W. at page 626: 'For the purposes of this case it is suff......
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...'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 af......
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...than a dismissal of such an attempted appeal. Wisconsin Real Estate Co. v. Milwaukee, 151 Wis. 198, 201, 138 N. W. 642;Wildes v. Franke, 157 Wis. 189, 190, 146 N. W. 1119;Puffer v. Welch, 141 Wis. 304, 124 N. W. 406. [2] This action is one of the several kinds of actions provided for in cha......