DEPARTMENT OF NATURAL RESOURCES v. HILGER, 60 Wis.2d 753 (1973)

210 N.W.2d 772

DEPARTMENT OF NATURAL RESOURCES, Appellant, v. HILGER, County Clerk of Portage County, Respondent.

Supreme Court of Wisconsin.
No. 203.Submitted under sec. (Rule) 251.54 September 11, 1973. —
Decided October 2, 1973.

APPEAL from an order of the circuit court for Dane county: W. L. JACKMAN, Circuit Judge.

The department appeals from an order denying its motion to reconsider a previous order which overruled the department’s demurrer to the return to an alternative writ of mandamus.

For the appellant the cause was submitted on the brief of Robert W. Warren, attorney general, and John C. Murphy, assistant attorney general.

For the respondent the cause was submitted on the brief of Maris Rushevics, district attorney of Portage county.

PER CURIAM.

The department’s demurrer to the return was overruled by an order entered on May 10, 1971. Instead of appealing, the department moved the trial court to reconsider the order. The trial court denied the department’s motion by order dated February 7, 1972. The time for appeal from the order overruling the

Page 754

demurrer had run. The department appeals from the order denying its motion to reconsider.

We decline to consider the merits of this appeal because the order appealed from is not appealable. Hale v. Lee’s Clothiers Jewelers, Inc. (1967), 37 Wis.2d 269, 155 N.W.2d 51; Ver Hagen v. Gibbons (1972), 55 Wis.2d 21, 197 N.W.2d 752.

The appeal is dismissed.

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