Drake v. Scheunemann
Cases that cite this one
5 later published cases cite this decision.
- Seagram-Distillers Corp. v. Lang (Minn. 1950)
- Smith v. St. Paul Fire & Marine Insurance (Wis. 1973)
- Leibowitz v. Leibowitz (Wis. 1944)
- Harcum v. Benson (Minn. 1916)
- Ullman v. State (Wis. 1904)
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
The order is not appealable if for no other reason, because it is subject to review on appeal from the judgment. The right of appeal from an intermediate order ceases on the entry of judgment. American B. H., O. & S. M. Co. v. Gurnee, 38 Wis. 533; Donkle v. Milem, 88 Wis. 33.
The order was granted upon condition of the payment of plaintiff’s witness fees on the appearance at the time the cause was dismissed. Acceptance of the fees by plaintiff’s attorneys, and going to trial on the merits without objection, waived any error in the order. That has been repeatedly decided by this court, as evidenced by numerous cases cited by respondents’ counsel. Cogswell v. Colley, 22 Wis. 399; Webster-Glover L. & M. Co. v. St. Croix Co. 71 Wis. 317;
By the Court.— The judgment of the superior court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.