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STATE EX REL. CHINCHILLA RANCH, INC. v. O'CONNELL

261 Wis. 86 (1952)

STATE EX. REL. CHINCHILLA RANCH, INC., Plaintiff, vs. O'CONNELL, Circuit Judge, Defendant.

Supreme Court of Wisconsin.

February 5, 1952.

Attorney(s) appearing for the Case

Gerold & Huiras of Port Washington, for the plaintiff.

John P. McGalloway of Fond du Lac, and Bendinger, Hayes & Kluwin of Milwaukee, for the defendant.

CURRIE, J.

Relator, the Chinchilla Ranch, Inc., contends that Judge GEHL'S opinion filed May 13, 1949, which concluded with the sentence, "Defendant's motion must be granted," constituted an order within the provisions of sec. 270.53 (2), Stats., which provides:

"Every direction of a court or judge made or entered in writing and not included in a judgment is denominated an order."

We cannot agree with such contention. It seems plain from reading Judge...

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