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ASPLUND v. PALMER

258 Wis. 34 (1950)

ASPLUND, Respondent, vs. PALMER, Appellant.

Supreme Court of Wisconsin.

November 8, 1950.

Attorney(s) appearing for the Case

For the appellant there were briefs by Chester J. Niebler, and oral argument by Mr. Niebler and Mr. John A. Udovc, both of Milwaukee.

For the respondent there was a brief by Fisher & Fisher of Janesville, and oral argument by Cleland P. Fisher.

FAIRCHILD, J.

In proceeding with this action, the impression apparently prevailed that the cause must be brought in accordance with the provisions of sec. 330.19 (5), Stats., the defendant insisting that if the notice required by that section was essential to this case, it was not given in due season. The defendant urges that where damages are excessive the rule, permitting the acceptance by the party in whose favor the verdict...

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