12 N.W.2d 925 | Wis. | 1944
Special proceedings in the liquidation of the above-named trust. From a final order made therein appeals were noticed. A motion of the respondents for dismissal on the ground that no appeal lies from the order is granted. The facts are stated in the opinion.
There is a motion to dismiss the appeal. The order appealed was made in proceedings to liquidate the assets of the segregated trust created in the stabilization of a bank under the Wisconsin statutes. It directed payment of a final dividend of twenty per cent of the face of the certificates issued by the trustees, refused interest thereon, and ruled the dividend to be in full payment of the certificates. The certificate holders, who are the beneficiaries of the trust, claimed to be entitled to interest on their certificates and the bank claimed to be entitled to the fund remaining in the hands of the trustees after payment of the dividend and the expenses of the banking commission in supervising the administration of the trust. The bank's claim was allowed. The trust was created in proceedings to stabilize a bank under the statutory provisions referred *578
to and set out in the margin of the opinion of this court in In re Farmers Exchange Bank,
The instant order is a "final order" and the appeal from it was regularly taken within the statutory period for taking appeals.
The question for decision on the motion to dismiss is whether ch. 505, Laws of 1943, applies to an order such as the instant one made prior to its enactment.
The appellants rest their resistance to the motion to dismiss wholly on Loehr v. Stenz,
The Loehr Case, supra, would rule this case but for the fact that it did not involve a final order determining the rights of the parties. The instant order, as it finally determined the right of the bank to the fund it claimed, has the effect of a judgment so determining; and as a statute creating a right of appeal where one did not before exist does not apply to judgments entered before its enactment, Lancaster v. Barr,
The motion to dismiss the appeal must be granted. This being so, this court has no jurisdiction to consider the case on the merits.
By the Court. — The appeal is dismissed.
MARTIN, J., took no part. *580