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D'ANGELO v. CORNELL PAPERBOARD PRODUCTS CO.

33 Wis.2d 218 (1966)

D'ANGELO, Plaintiff, v. CORNELL PAPERBOARD PRODUCTS COMPANY, Defendant: EMPLOYERS MUTUALS LIABILITY INSURANCE COMPANY, Intervenor and Appellant: INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

January 3, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Gibbs, Roper & Fifield of Milwaukee, and oral argument by Richard S. Gibbs.

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

WILKIE, J.

A threshold issue may be stated as follows: Iows: Is an order appealable which sustains a motion for a plea in abatement dismissing the action against one of the defendants where the action still continues after dismissal?

Appealability.

Respondent contends that the order sustaining the plea in abatement is not appealable because the respondent was dismissed from the action without prejudice and without costs. Sec. 274.33, Stats....

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