Walters v. Eakins

Rosenberry, J. Although the question is not raised in briefs of counsel, we cannot take jurisdiction of this matter unless the order appealed from is in fact an appeal-able order. We find no provision of the statutes, sec. 3069, [627] authorizing an appeal from an order setting aside a stipulation. The order does not prevent a judgment from which an- appeal may be taken, neither is it a final order. It does not grant or refuse a provisional remedy, nor does it vacate or refuse to set aside an order made at chambers, nor does it grant a new trial. Inasmuch as there must be a new trial, we refrain from any statement or discussion of the facts. By the Court. — The appeal to this court is dismissed.