ESTATE OF STOEBER


36 Wis.2d 448 (1967)

ESTATE OF STOEBER: SHRINER'S HOSPITAL FOR CRIPPLED CHILDREN and another, Appellants, v. PIERCE, Respondent.

Supreme Court of Wisconsin.

October 31, 1967.


Attorney(s) appearing for the Case

For the appellant Shriner's Hospitals for Crippled Children there were briefs by Lee, Lee & Johnson of Madison, and oral argument by Lester C. Lee and Donald D. Johnson.

For the appellant Bank of Madison there was a brief by Francis P. Mayo, attorney, and Jay W. Winter of counsel, both of Madison, and oral argument by Mr. Winter.

For the respondent there was a brief by Jasper, Winner, Perina & Rouse and John H. Rouse, attorneys, and Stephen C. Jones of counsel, all of Madison, and oral argument by John H. Rouse.


HEFFERNAN, J.

Respondent takes the position that the order which the residuary legatee seeks to have reviewed by this court is nonappealable. If that contention is correct, the appeal must be dismissed and this court is foreclosed from inquiry into the merits.

"The appealability of an order, or judgment, is a matter going to the subject matter jurisdiction of the supreme court. The court has no subject matter jurisdiction if the matter is not appealable ....

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