Counsel for the plaintiff objects that the appeal taken by the defendant is not valid, and should be dismissed.' The notice is of an appeal “ from the judgment and order of the circuit court, entered on the twenty-fifth day of January, 1873.” The undertaking is as upon an appeal from a judgment. The objection urged is, that no judgment had been entered at the time the appeal, was taken. An examina*551tion of the record shows no judgment; and of course the appeal must fail on that ground, if there was no other defect. But the notice of appeal is faulty iii being both from a judgment and an order.* Such a notice is badand the appeal cannot, for this reason as well as the other, be sustained. Noble v. Strachan, 32 Wis., 314, and cases cited.

By the Court.— Appeal dismissed.