St. Patrick's Congregation v. Home Insurance Co.

76 N.W. 1125, 101 Wis. 155, 1898 Wisc. LEXIS 296

Opinion

BaRdeef, J.

Sec. 3069, Stats. 1898, names the orders which may be carried to this court by appeal. Subd. 1 says: “ An order affecting a substantial right, made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken.” Neither of the orders appealed from had the effect to “ determine the action” or “prevent a judgment from which an appeal might be taken.” Reinhart v. Fire Asso. 93 Wis. 452. One of the orders described in the notice of appeal is mentioned as “ being an order denying defendant’s motion to dismiss the appeal made to the circuit court.” No such order appears in the record.

By the Court.— The appeal is dismissed.