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WOLKE v. FLEMING

24 Wis.2d 606 (1964)

WOLKE, Sheriff, Plaintiff in error, v. FLEMING, Defendant in error.

Supreme Court of Wisconsin.

September 1, 1964.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Robert D. Martinson and William A. Platz, assistant attorneys general, and John H. Bowers, special counsel, of Madison, with whom on the brief were Robert P. Russell, corporation counsel of Milwaukee county, George Thompson, attorney general, and Richard L. Cates, special counsel, of Madison.

For the defendant in error there was a brief and oral argument by Ray T. McCann of Milwaukee.

HALLOWS, J.

The defendant moved to quash the writ of error on the grounds the writ seeks to review an order for judgment, which order is not appealable. Lentz v. Northwestern Nat. Casualty Co. (1963), 19 Wis.2d 569, 120 N.W.2d 722. The order commands the sheriff of Milwaukee county to forthwith discharge the defendant from custody and contains the language, "Let Judgment Be Entered Accordingly." A writ of error is proper...

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