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DOMBROWSKI v. TOMASINO

24 Wis.2d 16 (1964)

DOMBROWSKI, Respondent, v. TOMASINO and wife, Appellants.

Supreme Court of Wisconsin.

April 28, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by McCormick & Tessmer of Milwaukee, and oral argument by John E. McCormick and Henry A. Tessmer.

For the respondent there was a brief and oral argument by Kenneth J. Dunlap of Milwaukee.

GORDON, J.

The order which the appellants have challenged is not an appealable one, and therefore the merits of the matter are not properly before us. The issue of appealability was not raised by the parties, but nevertheless there is applicable what this court said in Yaeger v. Fenske (1962), 15 Wis.2d 572, 573, 113 N.W.2d 411:

"It is the duty of this court, notwithstanding...

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