Walters v. Eakins

Decided November 16, 1920

Wisconsin Supreme Court · decided 1920-11-16

Aureal from an order of the circuit court for Juneau county: Jam.es O’Neill, Circuit Judge. Replevin. This suit was begun to recover possession of a Fordson tractor. The defendants claimed to be holding the same as security for the amount of $102.17 repairs. The controversy between the parties was as to whether, or not the plaintiff had properly oiled the tractor during the period of its operation.

Cited by 2 later decisions — most recently June 1926

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1920-11-16

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Rosenberry, J.

¶1Although the question is not raised in briefs of counsel, we cannot take jurisdiction of this matter unless the order appealed from is in fact an appeal-able order. We find no provision of the statutes, sec. 3069, *627authorizing an appeal from an order setting aside a stipulation. The order does not prevent a judgment from which an- appeal may be taken, neither is it a final order. It does not grant or refuse a provisional remedy, nor does it vacate or refuse to set aside an order made at chambers, nor does it grant a new trial. Inasmuch as there must be a new trial, we refrain from any statement or discussion of the facts.

¶2By the Court. — The appeal to this court is dismissed.