MARTIN v. LINDNER


258 Wis. 29 (1950)

MARTIN, Appellant, vs. LINDNER, Respondent.

Supreme Court of Wisconsin.

November 8, 1950.


Attorney(s) appearing for the Case

Harry A. Speich of Mineral Point, and Thomas N. Burke of Madison, for the appellant.

For the respondent there was a brief by George J. Larkin of Dodgeville, and Clifford G. Mathys of Madison, and oral argument by Mr. Mathys.


FRITZ, C. J.

On this appeal plaintiff contends,—

That defendant cannot, by his voluntary absence from the state, without disclosing his whereabouts, prevent plaintiff from prosecuting his action for recovery because of his inability to deliver either a written notice of injury or a complaint; that such voluntary absence of the defendant in the concluding days of the two-year period provided by sec. 330.19 (5), Stats., does not render plaintiff powerless...

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