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RUSSELL v. JOHNSON

14 Wis.2d 406 (1961)

RUSSELL, Appellant, v. JOHNSON and others, Respondents.

Supreme Court of Wisconsin.

October 3, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Conway & Conway of Baraboo, and oral argument by Vaughn S. Conway and Kenneth H. Conway, Jr.

For the respondents there was a brief by Schmitt, Wurster & Tinglum of Merrill, and O'Melia & Kaye of Rhinelander, and oral argument by John F. O'Melia and Leonard F. Schmitt.

FAIRCHILD, J.

1. Appealability of order dismissing complaint. Respondents previously moved to dismiss this appeal on the ground that the order dismissing the complaint without prejudice, but with conditions for recommencement, is not an appealable order. We denied the motion.

Sec. 274.33, Stats., provides:

"The following orders when made by the court may be appealed to the supreme court:

"(1) An order affecting a substantial right, made...

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