Wisconsin Supreme Court, 1898

O'Connell v. Smith

Wisconsin Supreme Court · Decided November 1, 1898 · Bardeen

101 Wis. 68; 76 N.W. 1116; 1898 Wisc. LEXIS 290

Cases that cite this one

3 later published cases cite this decision.

Morford v. Pyle (S.D. 1927)
State ex rel. Schumacher v. Markham (Wis. 1916)
McElroy v. Minnesota Percheron Horse Co. (Wis. 1901)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BaRdeen, J.

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. *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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.