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HALLDIN v. PETERSON

No. 328.

39 Wis.2d 668 (1968)

159 N.W.2d 738

HALLDIN, by Guardian ad litem, and another, Appellants, v. PETERSON and another, Respondents.

Supreme Court of Wisconsin.

Decided June 28, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Wickhem, Consigny & Sedor, attorneys, and John H. Andrews of counsel, all of Janesville, and oral argument by John C. Wickhem.

For the respondents there was a brief by Heide, Sheldon, Hartley & Thom and W. A. Sheldon, all of Kenosha, for Clifton E. Peterson, and by Wickham, Borgelt, Skogstad & Powell and Edmund W. Powell, all of Milwaukee, for C. A. Sattler, and oral argument by Edmund W. Powell.

WILKE, J.

The first issue presented on this appeal is whether the disputed order is appealable. Defendants' motion to dismiss the appeal on this basis was denied by this court on May 3, 1968, without prejudice to renew the argument at this time.

Defendants now do so, arguing that Judge Bode's order is not appealable under sec. 274.33, Stats. Sec. 274.33 (1) and (2), concerning orders affecting a substantial right...

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