O'Connell v. Smith
This text of 76 N.W. 1116 (O'Connell v. Smith) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Since the amendment of sec. 8069, R. S. 1878, by ch. 212, Laws of 1895, an' order setting aside or refusing to set aside a petition for a lien is not appealable. [69]*69The case of Kunze v. Kunze, 95 Wis. 264, which holds that an appeal does not lie from an order setting aside a notice of Us penclens, is much in point. Prior to the amendment mentioned, orders requiring or refusing to require a complaint to be made more definite and certain were not ap-pealable unless discretion was abused. McCarville v. Boyle, 89 Wis. 651; Adamson v. Raymer, 94 Wis. 243. Since the amendment, such orders cannot be reviewed in this court except upon appeal from the final judgment.
By the Gourt.— The appeal is dismissed.
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Cite This Page — Counsel Stack
76 N.W. 1116, 101 Wis. 68, 1898 Wisc. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnell-v-smith-wis-1898.