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BLOOMING GROVE v. MADISON

5 Wis.2d 73 (1958)

TOWN OF BLOOMING GROVE and another, Appellants, v. CITY OF MADISON, Respondent.

Supreme Court of Wisconsin.

October 7, 1958.

Attorney(s) appearing for the Case

For the appellants there were briefs by Earl I. Cooper of Madison, for the town of Blooming Grove, and William J.P. Aberg of Madison, for the F. S. Royster Guano Company, attorneys, and Paul C. Gartzke of Madison of counsel, and oral argument by Mr. Cooper, Mr. Aberg, and Mr. Gartzke.

For the respondent there was a brief and oral argument by Harold E. Hanson, city attorney.

CURRIE, J.

The first issue to be resolved is whether there is an appealable order before us. If the order be found not appealable, we lack jurisdiction to pass upon the merits of the trial court's order to strike.

Ordinarily an order to strike one or more portions of a pleading is not appealable. First Wisconsin Nat. Bank v. Pierce (1938), 227 Wis. 581, 596, 278 N. W. 451; Gilbert v. Hoard (1930), 201...

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