WADDELL v. MAMAT


271 Wis. 176 (1955)

WADDELL, Plaintiff and Appellant, vs. MAMAT, Defendant and Appellant: ANDREWS, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

November 8, 1955.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Irving D. Gaines of Milwaukee, for Edna Waddell, and by Raymond J. Moore of Milwaukee, for Hasson Mamat.

For the respondent there was a brief by Quarles, Spence & Quarles, attorneys, and Edmund W. Powell and Anton Motz of counsel, all of Milwaukee, and oral argument by Mr. Powell.


MARTIN, J.

Respondent raises the question whether this is an appealable order. The order denies to appellants a substantial right given them by sec. 85.05 (3), Stats. 1951. It is a right comparable to that granted under sec. 326.12 which has been held to be a provisional remedy. See 1 Callaghan's Wis. Dig., Appeal and Error, p. 293, sec. 197. An order denying such a right is appealable under sec. 274.33.

Sec. 85.05...

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