LAKELAND v. STATE DEPARTMENT OF PUBLIC WELFARE


265 Wis. 321 (1953)

TOWN OF LAKELAND, Appellant, vs. STATE DEPARTMENT OF PUBLIC WELFARE, Respondent: CITY OF RICE LAKE, Intervening Respondent.

Supreme Court of Wisconsin.

December 1, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief by Douglas & Omernik of Spooner, and oral argument by W. W. Bitney of Shell Lake.

For the respondent State Department of Public Welfare there was a brief by the Attorney General and Stewart G. Honeck, deputy attorney general, and Beatrice Lampert, assistant attorney general.

For the intervening respondent city of Rice Lake there was a brief and oral argument by Bruce H. Dalrymple of Rice Lake.


BROADFOOT, J.

The petition for leave to present additional evidence before the department was denied by the trial court on the ground that it was not timely made. This procedure is covered by sec. 227.19, Stats., which provides in part as follows:

"If before the date set for trial, application is made to the circuit court for leave to present additional evidence. . . ."

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