O'Connell v. Smith

Decided November 1, 1898

Wisconsin Supreme Court · decided 1898-11-01

S. Gilson, Circuit Judge. Action to foreclose a mechanic’s lien. Defendant made a motion to set aside and vacate the plaintiff’s petition for a lien, which was overruled. .He then made a motion to make the complaint more definite and certain. This motion was also denied. Defendants appeal from the orders denying said motions.

Relies on Adamson v. Raymer · McCarville v. Boyle · Kunze v. Kunze

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1898-11-01

How this case has been cited

Cited by 3 later decisions — most recently October 1927

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BaRdeen, J.

¶1Since 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.

¶2By the Gourt.— The appeal is dismissed.