LAWRENCE v. MacINTYRE

Nos. 193, 194.

48 Wis.2d 550 (1970)

180 N.W.2d 538

LAWRENCE and wife, Appellants, v. MACINTYRE and wife, Respondents. MACINTYRE, Respondent, v. FRANK and wife, Appellants.

Supreme Court of Wisconsin.

Decided November 3, 1970.


Attorney(s) appearing for the Case

For the appellants there was a brief by Conway & Conway of Baraboo, and oral argument by Vaughn S. Conway.

For the respondents there was a brief and oral argument by Thomas T. George of Madison.


HEFFERNAN, J.

It should be noted at the outset that the Franks have appealed from the order dismissing the plaintiff's complaint, an order in their favor. They are not parties "aggrieved," as set forth in sec. 274.10, Stats. In Estate of Bryngelson (1941), 237 Wis. 7, 11, 296 N. W. 63, this court stated, "We think it elementary that a party may not appeal from a judgment in his favor." The erroneously brought appeal is dismissed.

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