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STATE v. McDONALD LUMBER CO.

9 Wis.2d 206 (1960)

STATE, Respondent, v. McDONALD LUMBER COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

January 12, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief by Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, and oral argument by James R. Faulds.

For the respondent the cause was argued by Albert O. Harriman, assistant attorney general, with whom on the brief were John W. Reynolds, attorney general, and Roy G. Tulane, assistant attorney general.

PER CURIAM.

An order denying the application of one not a party to an action to be permitted to intervene in the action is an appealable order. Hartwig v. Harvey (1947), 250 Wis. 478, 27 N.W.2d 363, 15 A. L. R. (2d) 333. This is because the application to intervene constitutes a special proceeding, and the order denying the same is a final order affecting a substantial right. Sec. 274.33 (2), Stats., specifically makes such an order appealable.

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