Wisconsin Supreme Court, 1900

Welsher v. Libby, McNeil & Libby

Wisconsin Supreme Court · Decided March 20, 1900 · Winslow

106 Wis. 291; 82 N.W. 143; 1900 Wisc. LEXIS 38

Cases that cite this one

6 later published cases cite this decision.

Motowski v. People's Dentists of Wisconsin (Wis. 1924)
Tetley v. Rock Falls Manufacturing Co. (Wis. 1922)
Lemon v. Aronson (Wis. 1917)
Rix v. Sprague Canning Machinery Co. (Wis. 1914)
In re Pierce-Arrow Motor Car Co. (Wis. 1910)
In re Dancy Drainage District (Wis. 1906)

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

WiNslow, J.

This is an appeal by the defendant, a foreign corporation, from an order of the circuit court refusing to set aside the service of the summons and complaint, and imposing costs of motion. The appeal must be dismissed, because the order is not an order within the category of appealable orders contained in sec. 3069, Stats. 1898, nor is there any special statute making such order appealable. The idea seems to have been entertained that, because the order *292imposed costs of motion, it should be treated as a judgment for the purposes of an appeal, such idea being founded upon inaccurate language used in Kingsley v. G. N. R. Co. 91 Wis. 380. This idea was distinctly rejected in Lewis v. C. & N. W. R. Co. 97 Wis. 368, and it is not necessary to further enlarge upon the subject.

By the Court.— Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.