34 Wis. 483 | Wis. | 1874
It is objected that the order appealed from is not appealable under the statute. Bu t we think this objection clearly untenable. The order belongs to the second class of appealable orders specified in section 10, ch. 264, Laws of 1860, being a final order affecting a substantial right made in special proceedings, or upon a summary application in an action after judgment. Whether the order for an attachment, which was made in the proceeding supplementary to an execution, is to be deemed an order in a special proceeding, or one made upon a summary application in the action after judgment, the second class is sufficiently broad to embrace it, as also this order refusing to set that aside. It is said that the order appealed from is not final, within the meaning of the statute, since it does not adjudge the defendant guilty of a contempt, but merely refuses to set aside an interlocutory order previously made. But it is very obvious that the practical effect of the order is to continue in force the attachment, and that the defendant is liable to be punished for his contempt unless he can purge himself of the charge on the hearing. The fact that further proceedings will necessarily be taken does not render the order which was made any the less final and conclusive upon the question decided.
Upon the merits we think the attachment was properly granted. The defendant had neglected and refused to appear before the commissioner and make discovery concerning his property. For this apparently intentional disobedience-of the order of the commissioner, he was liable to be punished as for a contempt. It is argued that the affidavit upon which the
By the Court. • — ■ The order of the county court is affirmed.