
    Goldmark and others, Appellants, vs. Roseneeld and others, Respondents.
    
      September 26
    
    
      October 11, 1887.
    
    
      Appeal, when lies from order.
    
    
      An order for judgment dismissing the action with costs, and also striking from the files an amended complaint, and dissolving two injunctional- orders granted by a court commissioner, is one which involves the merits and necessarily affects the judgment, and under sec. 3070, E. S., it is reviewable upon appeal from the judgment. After judgment has been entered, no appeal will lie from such an order.
    
      APPEAL from the County Court of Milwaukee County.
    The case sufíiciently appears in the opinion.
    For the appellants it was submitted on the brief of Wallber & Wahl, attorneys, and Moses, Newman & Reed and A. J. Pittenhoefer, of counsel.
    They contended, inter alia', that it was improper to join a motion to strike out a pleading with a motion for judgment. Fellows v. Prest, etc. of Menasha, 11 Wis. 559.
    For the respondents there was a brief by J. G. MoKenney and A. G. Brazee, and oral argument by Mr. MoKenney.
    
   By the Court.

This is an appeal from an order for judgment dismissing the action with costs, made by the county court February 26, 1887. The order also strikes from the files an amended complaint, and dissolves two injunctional orders granted in the action by a court commissioner. Judgment was regularly entered pursuant to the order, on March 22, 1887, dismissing the plaintiff’s complaint, and for costs. This appeal was taken March 28th. It is therefore too late. No appeal lies after judgment from an interlocutory order reviewable on an appeal from the judgment. Victor S. M. Co. v. Heller, 41 Wis. 657; Thornton v. Eaton, 45 Wis. 621. This order is so reviewable. R. S. sec. 3070.

The appeal must be dismissed.  