
    Kunze, Appellant, vs. Kunze, Respondent.
    
      January 18
    
    
      February 2, 1897.
    
    
      Appeal from orders.
    
    An order setting aside a notice of lis pendens is not appealable under ch. 212, Laws of 1895.
    •Appeal from an order of the circuit court for Fond du Lac county: N. S. Gilson, Circuit Judge.
    
      Appeal dismissed.
    
    The case is stated in the opinion.
    
      E. Blewett, for the appellant,
    contended that the right to file a notice of Us pendens was an absolute right. Niebuhr v. Sohreyer, 13 Daly (N. Y.), 546. The statutes of this state give no authority to cancel a Us pendens except for a failure for one year to serve the summons. S. & B. Ann. Stats, sec. 3187; sec. 1, ch. 19, Laws of 1893.
    For the respondent the case was submitted on the brief of Duffy c& MeCrory.
    
   Winslow, J.

The plaintiff brought an action to enforce a money judgment obtained in another state (Kunze v. Kunze, 94 Wis. 54), and filed a- notice of pendency of action in the office of the register of deeds, stating that the action affected the title to certain described real estate owned by the defendant. The circuit court, upon motion, vacated and set aside the Us pendens, and the plaintiff appealed. The-appeal must be dismissed. The order is not appealable,, under ch. 212, Laws of 1895.

By the Court.— Appeal dismissed.

A motion by the appellant to offset the judgment for costs in her favor on the former appeal against the judgment herein was granted April 7, 1897.  