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LEUCH v. EGELHOFF

260 Wis. 356 (1951)

LEUCH, Appellant, vs. EGELHOFF and others, Respondents.

Supreme Court of Wisconsin.

January 8, 1952.

Attorney(s) appearing for the Case

E. W. Van Dyke and P. F. Leuch, in pro. per., both of Milwaukee, for the appellant.

For the respondents city of Cedarburg and its officers there was a brief by Walter D. Corrigan, Sr., and Thomas M. Corrigan, both of Milwaukee, and oral argument by Thomas M. Corrigan.

Schanen, Schanen & Pauly of Port Washington, for the respondents Egelhoff.

Quarles, Spence & Quarles and Arthur Wickham, all of Milwaukee, for the respondent surety companies.

CURRIE, J.

This action was previously before this court in Leuch v. Egelhoff (1949), 255 Wis. 29, 38 N.W.2d 1, in which case a summary judgment entered by the trial court in favor of the defendants was reversed.

The amended answers to which plaintiff demurred set forth as a defense the provisions of sec. 66.295, Stats., as amended in 1949, and the passage and adoption by the common council of the city of Cedarburg of a resolution enacted January 10...

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