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BARTELL BROADCASTERS v. MILWAUKEE BROADCASTING CO.

13 Wis.2d 165 (1961)

BARTELL BROADCASTERS, INC., Plaintiff and Appellant, v. MILWAUKEE BROADCASTING COMPANY, Defendant and Respondent: HORNBACH, Intervening Defendant and Respondent.

Supreme Court of Wisconsin.

March 7, 1961.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Herbert L. Mount of Milwaukee.

For the respondent Milwaukee Broadcasting Company there was a brief by Roberts, Boardman, Suhr, Bjork & Curry of Madison, and oral argument by W. Wade Boardman.

For the respondent Hornbach there was a brief by Kivett & Kasdorf, attorneys, and Alan M. Clack of counsel, all of Milwaukee.

BROADFOOT, J.

The attorneys for John Michael Hornbach contend that the first order is not appealable. They point out that an application for leave to intervene in an action is a special proceeding and that an order made in a special proceeding, to be appealable, must be a final order. Sec. 274.33 (2), Stats.

The order permitting intervention determines no final rights of any of the parties and in no way precludes ultimate judgment for or against any of the...

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