Wm. H. Ollmann appealed under sec. 6.66(3), Stats., to the circuit court from a determination by the board of canvassers of election returns that he had been defeated as a candidate for the office of city treasurer by a plurality of one vote in favor of Stephen Kowalewski. In the proceedings on the appeal, the circuit court refused to adopt the findings of fact and an order proposed by counsel, and in lieu thereof prepared and signed an instrument designated "findings of fact and order," in which the court stated that it "does now find and conclude that the ballots cast at said election . . . were as follows, to wit:
NUMBER
NAME. OF VOTES.
Frances H. Dretzka .................... 558
Stephen P. Kowalewski ................. 786
William Lawler ........................ 564
William H. Ollmann .................... 786
Edward Stringer ....................... 21
Mrs. Stringer ......................... 1
Dillinger ............................. 1
Blank ballots ......................... 97
Ballots defectively marked, etc ....... 16
Unprinted blank, with indorsement
as ballot ............................. 1
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Total votes canvassed ................. 2,831
"Let a duplicate copy of these findings and order be served upon the city clerk of the city of Cudahy, Wis." Kowalewski appealed from the court's order. *Page 245
Since the amendment of sec. 274.09, Stats., by ch. 541, Laws of 1935, an appeal may be taken to this court from a final order or judgment of a circuit court rendered upon an appeal under sec. 6.66(3), Stats., to review the proceedings and determination of a board of canvassers in recount proceedings under sec. 6.66, Stats. In re Burke,229 Wis. 545, 551, 282 N.W. 598. However, in that case the appeal was from a judgment entered in the circuit court and unless there is such a judgment or at least a final order appealable under sec. 274.33(2), Stats., this court is without jurisdiction on an appeal from a finding or conclusion by a circuit court in such special proceedings. In the case at bar there is at most a finding as to the total ballots canvassed, the number defectively marked or blank, and the number of the votes for each candidate, but there is no judgment or final order adjudicating who was elected or otherwise modifying or vacating the board of canvassers' determination or the certificate of election which it had issued to Kowalewski. As there is but a mere finding, which has not ripened in a judgment or a final order as to which the legislature has granted an appeal, this court is without jurisdiction and the appeal must be dismissed.Witt v. Wonser, 195 Wis. 593, 219 N.W. 344; Estate ofMaurer, 234 Wis. 601, 291 N.W. 764.
By the Court. — Appeal dismissed. *Page 246