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ABDELLA v. ABDELLA

268 Wis. 127 (1954)

ABDELLA, Respondent, vs. ABDELLA, Appellant.

Supreme Court of Wisconsin.

November 9, 1954.

Attorney(s) appearing for the Case

For the appellant there was a brief by Graves & Chambers of Wisconsin Rapids, and oral argument by Lloyd L. Chambers.

For the respondent there was a brief by Genrich & Terwilliger, attorneys, and Emil A. Wakeen, Walter H. Piehler, and Neil M. Conway of counsel, all of Wausau, and oral argument by Herbert Terwilliger.

BROADFOOT, J.

An issue not presented to the lower court is raised for the first time upon this appeal, and it is determinative of the case. The 1945 statutes contained the following provisions:

"261.01 PLACE OF TRIAL. Except as provided in section 220.12 and subject to the provisions for change of venue the proper place of trial of civil actions is as follows: . . .

"(3) Action affecting marriage. Of an action for the annulment or affirmance...

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