105 Wis. 452 | Wis. | 1900
On July 23,1898, the Home Building & Loan Association was, upon the application of Julius WecF seiberg, one of its stockholders and officers, by apt proceedings and an order of the court, placed in the hands of a receiver, who, upon giving the requisite bond, took posses
In Cunningham v. Wechselberg, ante, p. 359, it was held that there could be but one winding-up suit to settle the affairs of the corporation, and that in such suit all the rights of creditors and all the liabilities of officers and stockholders were to be worked out. Accordingly the several petitioners filed their respective claims against the corporation in the action, and thereby became parties to the action. Sec. 3227, Stats. 1898. By the order appealed from, the petitioners were made plaintiffs in the action against the officers and directors of the corporation, including Julius Weohselberg, who had been the president thereof. The first question presented is whether such order is appealable. Counsel for the appellant contends that it is “ a final order affecting a substantial right made in a special proceeding,” within the meaning of subd. 2, sec. 3069, and therefore is ap-pealable. This court has repeatedly held, in effect, that an
By the Court.— The appeal is dismissed.