
    In re The Minnesota & Wisconsin Railroad Company.
    
      March 17
    
    May 16, 1899.
    
    
      Appealable order: Jurisdiction.
    
    1. An appeal from an order of the circuit court denying a motion of the petitioner in condemnation proceedings to dismiss the petition, does not confer jurisdiction on this court, under sec. 3069, Stats. 1898.
    3. Where the court is precluded from entertaining an appeal by lack of jurisdiction it cannot be conferred by consent of the parties.
    Appeal from an order of tbe circuit court for Pierce-county: E. W. Helms, Circuit Judge.
    
      Appeal dismissed.
    
    Appeal from order of tbe circuit court denying tbe petitioner’s motion to dismiss tbe petition in condemnation proceedings.
    For tbe appellant there was a brief by Balcer c& Hmenr attorneys, and F. W. M. Cutcheon, of counsel, and oral argument by Mr. Ckoteheon.
    
    For tbe respondents there was a brief by Qlapp ds Maea/rt~ ney, and oral argument by JF. H. Clapp.
    
   Tbe following opinion was filed April 4, 1899:

Hodge, J.

Tbe court has no jurisdiction to entertain an appeal from this order. Such jurisdiction cannot exist under-any of tbe subdivisions of sec. 3069, Stats. 1898,— not under subd. 1, because it does not in effect determine the action,, nor prevent a judgment from which an appeal can be taken nor under subd. 2, for tbe reason that it is not a final order, though made in a special proceeding. Subds. 3 and 4, of' course, have no application.

While both parties consent to and urge consideration of tbe merits of tbe order on this appeal, tbe court is precluded from acceding to such request by l^,ck of jurisdiction, which cannot be conferred by consent of parties. Hyde v. German Nat. Bank, 96 Wis. 406, 410.

By the Oom±— The appeal is dismissed.

A motion for a rehearing was denied May 16, 1899.  