Wiesmann v. Shanley
Cases that cite this one
9 later published cases cite this decision.
- Bolick v. Gallagher (Wis. 1954)
- Gilbert v. Hoard (Wis. 1930)
- Gauger v. Ludwig (Wis. 1972)
- Britz v. Chilsen (Wis. 1956)
- First Wisconsin National Bank of Milwaukee v. Carpenter (Wis. 1935)
- State v. Lewis (Wis. 1916)
- Gooding v. Doyle (Wis. 1908)
- Seattle & Northern Railway Co. v. Bowman (Wash. 1907)
- Town of Blooming Grove v. City of Madison (Wis. 1958)
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
Orders striking out parts of pleadings were in some cases held appealable under subd. 4, sec. 3069, R. S. 1878, as involving “the merits of the action or some part thereof.” Freeman v. Engelmann T. Co. 36 Wis. 571; Carpenter v. Reynolds, 58 Wis. 666, 17 N. W. 300; Dewald v. Dewald, 89 Wis. 353, 62 N. W. 175. That subdivision was eliminated by ch. 212, Laws of 1895. Adamson v. Raymer. 94 Wis. 243, 250, 68 N. W. 1000. Since then no statute is claimed to confer appealability upon such orders, except, perhaps, subd. 1, sec. 3069, Stats. 1898. That, however, can-mot be effective, for the order, much as it may affect a substantial right, in no wise determines the action, nor prevents a judgment from which an appeal might be taken. Flannigan v. Lindgren, 102 Wis. 445, 100 N. W. 818. No statute authorizing the present appeal, we are without jurisdiction-to entertain it.
By the Gourt. — Appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.