30 Wis. 324 | Wis. | 1872
This is a motion to dismiss an appeal from an order denying a motion to strike the cause from the calendar. The action being at issue in the County Court upon the answer to the complaint, and upon the reply to certain counter-claims contained in the answer, the attorney for the plaintiff entered an order, of course, with the clerk of such court, discontinuing
Tbe only question presented by this motion-is, whether tbe order of tbe County Court denying tbe plaintiff’s motion to strike tbe cause from tbe calendar, is an appealable order.
Tbe usual office of such a motion is merely to obtain a decision and ruling as to whether tbe action shall be tried at tbe term at which tbe motion is made, or at a subsequent term. In such case tbe order granting or denying tbe motion amounts to nothing more than tbe ruling of tbe court upon an application for a continuance, and is not appealable. It is a mere matter of practice or procedure, and does not affect tbe merits of tbe action-
13ut the order under consideration has a far deeper significance. It is a ruling by the court that the plaintiff has an action pending therein and must try it and abide the result of the
By the Court — Motion denied.