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STATE EX REL. TINER v. MILWAUKEE COUNTY

No. 76-524.

81 Wis.2d 277 (1977)

260 N.W.2d 393

STATE EX REL. TINER, and others, Petitioners-Respondents, v. MILWAUKEE COUNTY, and others, Appellants.

Supreme Court of Wisconsin.

Decided December 13, 1977.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Robert P. Russell, corporation counsel, and James T. McClutchy, principal assistant corporation counsel.

For petitioners-respondents the cause was submitted on the brief of Anne L. DeLeo and Steven H. Steinglass, Legal Action of Wisconsin, Inc., of Milwaukee.

DAY, J.

The notice of appeal states that the appeal is taken from the writ of mandamus. However, appeals are taken from either judgments or orders, sec. 817.09 (2), Stats. 1975. While the document issuing the writ is denominated an "order," it is an order awarding a preemptory writ of mandamus and is therefore a final judgment, State ex rel. Court of Honor of Illinois v. Geljohann, 111 Wis. 377, 383, 87 N.W. 245 (1901).

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