207 Wis. 416 | Wis. | 1932
The relief sought in this proceeding by the defendant was a stay of proceedings upon summary application made after judgment. The order denying the relief is not an appealable order unless it affects a substantial right. Sec. 274.33 (2), Stats. From an early day it has been held that the term substantial right as used in this statute is that which concerns the subject matter of the action and not a mere matter of practice. Rahn, v. Gunnison, 12 Wis. *528; Petition of Fleming, 16 Wis. *70. See, also, cases cited under “Substantial Right,” 7 Words and Phrases (1st ser.) p. 6739.
By the Court. — Appeal dismissed.