CROSS v. LEUENBERGER


274 Wis. 393 (1957)

CROSS, Respondent, vs. LEUENBERGER and wife, Appellants. [Two cases.]

Supreme Court of Wisconsin.

January 7, 1957.


Attorney(s) appearing for the Case

For the appellants there was a brief by Bendinger, Hayes & Kluwin of Milwaukee, and oral argument by John A. Kluwin.

For the respondents there was a brief by Bitker & Marshall, attorneys, and Gerald J. Kahn of counsel, all of Milwaukee, and oral argument by Mr. Kahn.


WINGERT, J.

The appeals must be dismissed, because the orders appealed from are not appealable. An order vacating a judgment entered on default of either party does not determine the action and prevent a judgment from which an appeal might be taken, within sub. (1) of sec. 274.33, Stats., nor is it a final order within sub. (2) of that section; and obviously it does not fall under sub. (3) or (4). Therefore it is not appealable...

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