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ESTATE OF MOREY

272 Wis. 79 (1956)

ESTATE OF MOREY: ROSICK and others, Appellants, vs. MOREY, Respondent.

Supreme Court of Wisconsin.

February 7, 1956.

Attorney(s) appearing for the Case

For the appellants there were briefs by Edgar E. Becker of Appleton, and Smith & Will of Green Bay, and oral argument by Mr. Becker.

For the respondent there was a brief by Benton, Bosser, Fulton, Menn & Nehs of Appleton, and oral argument by Franklin L. Nehs and David L. Fulton.

GEHL, J.

We do not reach the merits of this controversy if the motion of the respondent to dismiss the appeal is to be granted. He contends that the court's action may not be treated as a judgment because it is not "a final determination of the rights of the parties," sec. 270.53 (1), Stats., and that if it is to be treated as an order it does not "in effect determine the action and prevent a judgment from which an appeal...

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