Peeper v. Peeper

Decided November 23, 1881

Wisconsin Supreme Court · decided 1881-11-23

The action is by one of the heirs of Joseph Eenley against his widow’and other heirs, for partition of certain real estate of which he died seized, and which he did not dispose of by will.

Cited by 3 later decisions — most recently February 1904

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-11-23

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Lyon, J.

¶1The order staying proceedings in the circuit court, from which this appeal is taken, does not involve the merits of the action, or any part thereof, and therefore is not an appealable order. The cases of Johnston v. Reiley, 24 Wis., 494; Noble v. Strachan, 32 Wis., 314; Parmalee v. Wheeler, id., 429; and McDonald, v. G. B. & M. Canal Co., 42 Wis., 335, are not distinguishable in principle from this case. Those cases are conclusive against the appealability of this order, and nothing can profitably be added to what is said in them on the subject.

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