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HENRY v. BEATTIE

No. 46.

40 Wis.2d 704 (1968)

162 N.W.2d 613

HENRY, Plaintiff and Respondent, v. BEATTIE, Defendant and Appellant: WHITE RIVER CORPORATION, d/b/a GENEVA INN, Defendant and Respondent.

Supreme Court of Wisconsin.

Decided November 26, 1968.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Godfrey, Godfrey & Neshek of Elkhorn, and oral argument by Thomas G. Godfrey.

For the plaintiff-respondent there was a brief and oral argument by John J. Byrnes of Elkhorn.

HANLEY, J.

The principal issue on this appeal is whether the order of January 26, 1968, vacating the judgment of dismissal, is an appealable order.

We think the order is not appealable and the appeal should be dismissed.

"An order opening or vacating a judgment and permitting further proceedings is not a final order and, accordingly, not appealable under sec. 274.33 (2), Stats., even though it affects a substantial...

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