Wisconsin Supreme Court, 1944

Era Club, Inc. v. Rupp

Era Club, Inc. v. Rupp
Wisconsin Supreme Court · Decided January 18, 1944 · Fairchild
13 N.W.2d 88; 244 Wis. 587; 1944 Wisc. LEXIS 275 (North Western Reporter, Second Series)

Era Club, Inc. v. Rupp

Opinion of the Court

Fairchild, J.

When the motion for nonsuit was made the evidence showed that plaintiff by reason of its acts had become a tenant holding over its term under sec. 348.11, Stats., and that the landlord had a right of re-entry. Peaceable entry having been made and the tenant’s goods removed and stored subject to the tenant’s orders, the order for non-suit was properly granted. However, as no judgment was entered and because the order is not an appealable order, the appeal must be dismissed.

By the Court. — Appeal dismissed.

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