Waukesha Roxo Co. v. Gehrz

Wisconsin Supreme Court

Waukesha Roxo Co. v. Gehrz

12 N.W.2d 41, 244 Wis. 201, 1943 Wisc. LEXIS 46

CourtWisconsin Supreme Court

DecidedNovember 8, 1943

StatusPublished

Cited by3 cases

This text of 12 N.W.2d 41 (Waukesha Roxo Co. v. Gehrz) 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.

Bluebook

Waukesha Roxo Co. v. Gehrz, 12 N.W.2d 41, 244 Wis. 201, 1943 Wisc. LEXIS 46 (Wis. 1943).

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Opinion

Fairchild, J.

Appellant’s appeal is from a conclusion in an oral decision, though later reduced to writing by the learned trial judge, but in pursuance of which no* judgment or final order was made and entered. No sentence was passed and no penalty was imposed.

An appeal does not lie from findings and conclusions of law. A judgment or final order being indispensable to the right of appeal, where the record nowhere shows that judgment or final order was ever entered, the supreme court on appeal cannot inquire into the facts. It will be seen by reference to sec. 274.33, Stats., that the question of appeal is a jurisdictional one. State v. Stone, 37 Wis. 204; Estate of Lewis, 207 Wis. 155, 240 N. W. 818; Witt v. Wonser, 195 Wis. 593, 219 N. W. 344. In criminal cases, there is no judgment from which an appeal can lie until final sentence is passed. State v. Stone, supra; State v. Bongiorno, 96 N. J. Law, 318, 115 Atl. 665; United States v. Lecato (2d Cir.), 29 Fed. (2d) 694; *203 Jones & Dickey v. Givens, 77 Iowa, 173, 41 N. W. 608; and Miller v. Aderhold, 288 U. S. 206, 53 Sup. Ct. 325, 77 L.Ed. 702.

The record shows that the trial court did not regard the evidence as calling for the entering of a judgment and that there was an intentional avoidance of the imposition of any of the consequences that might logically follow had the court determined to go beyond the expression of the trial judge’s opinion disapproving of a course of conduct. Neither of the appellants requested the court to pronounce judgment. Miller v. Aderhold, supra.

By the Court. — Appeal dismissed.

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Fairchild, J.

Appellant’s appeal is from a conclusion in an oral decision, though later reduced to writing by the learned trial judge, but in pursuance of which no* judgment or final order was made and entered. No sentence was passed and no penalty was imposed.

An appeal does not lie from findings and conclusions of law. A judgment or final order being indispensable to the right of appeal, where the record nowhere shows that judgment or final order was ever entered, the supreme court on appeal cannot inquire into the facts. It will be seen by reference to sec. 274.33, Stats., that the question of appeal is a jurisdictional one. State v. Stone, 37 Wis. 204; Estate of Lewis, 207 Wis. 155, 240 N. W. 818; Witt v. Wonser, 195 Wis. 593, 219 N. W. 344. In criminal cases, there is no judgment from which an appeal can lie until final sentence is passed. State v. Stone, supra; State v. Bongiorno, 96 N. J. Law, 318, 115 Atl. 665; United States v. Lecato (2d Cir.), 29 Fed. (2d) 694; *203 Jones & Dickey v. Givens, 77 Iowa, 173, 41 N. W. 608; and Miller v. Aderhold, 288 U. S. 206, 53 Sup. Ct. 325, 77 L.Ed. 702.

The record shows that the trial court did not regard the evidence as calling for the entering of a judgment and that there was an intentional avoidance of the imposition of any of the consequences that might logically follow had the court determined to go beyond the expression of the trial judge’s opinion disapproving of a course of conduct. Neither of the appellants requested the court to pronounce judgment. Miller v. Aderhold, supra.

By the Court. — Appeal dismissed.

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Bluebook (online)

12 N.W.2d 41, 244 Wis. 201, 1943 Wisc. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waukesha-roxo-co-v-gehrz-wis-1943.

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