Narrative Opinion Summary
The Supreme Court of Wisconsin dismissed the appeal in the case of Yaeger v. Fenske due to a lack of jurisdiction under section 274.33(3) of the Wisconsin Statutes. This statute stipulates that orders from the circuit court are not appealable if they merely affirm or reverse a civil court order without involving a provisional remedy or injunction. The court referenced prior case law, including Meyers v. Sohrweide, which established that an order affirming a civil court's overruling of a demurrer is not appealable under this provision. Although the appellant argued otherwise, the court found that the civil court's order in question did not involve any provisional remedy or injunction. The court emphasized its duty to address jurisdictional issues sua sponte, leading to the dismissal of the appeal. Justice Gordon did not participate in the decision.
Legal Issues Addressed
Court's Duty to Address Jurisdiction Sua Spontesubscribe to see similar legal issues
Application: The court emphasized its responsibility to independently address and resolve jurisdictional issues, leading to the dismissal of the appeal.
Reasoning: The court emphasized its duty to address jurisdictional issues sua sponte, leading to the dismissal of the appeal.
Jurisdiction under Wisconsin Statutes Section 274.33(3)subscribe to see similar legal issues
Application: The principle is applied to dismiss an appeal for lack of jurisdiction because the order in question neither involved a provisional remedy nor an injunction.
Reasoning: The Supreme Court of Wisconsin dismissed the appeal in the case of Yaeger v. Fenske due to a lack of jurisdiction under section 274.33(3) of the Wisconsin Statutes.
Non-Appealable Orderssubscribe to see similar legal issues
Application: The court determined that orders merely affirming or reversing a civil court order are not appealable under this statute, referencing established case law.
Reasoning: This statute stipulates that orders from the circuit court are not appealable if they merely affirm or reverse a civil court order without involving a provisional remedy or injunction.
Precedent on Overruling of Demurrersubscribe to see similar legal issues
Application: The court referenced Meyers v. Sohrweide to support its conclusion that the order was not appealable, as it simply affirmed the civil court's decision.
Reasoning: The court referenced prior case law, including Meyers v. Sohrweide, which established that an order affirming a civil court's overruling of a demurrer is not appealable under this provision.