SCHMITZ v. SCHUH


267 Wis. 442 (1954)

SCHMITZ, Special Administratrix, Appellant, vs. SCHUH, Respondent.

Supreme Court of Wisconsin.

October 5, 1954.


Attorney(s) appearing for the Case

For the appellant there were briefs by Henry P. Hughes of Oshkosh, attorney, and Lines, Spooner & Quarles of Milwaukee of counsel, and oral argument by Mr. Hughes.

For the respondent there was a brief by Bradford & Gabert and William J. Schuh, all of Appleton, and oral argument by Alfred S. Bradford.


GEHL, J.

This is an appeal from an order entered on January 26, 1954, denying plaintiff's petition for revival of an action against the executrices of the estate of the defendant M. A. Schuh, and dismissing the action upon its merits.

On behalf of plaintiff and in support of her petition, there were submitted her complaint, and an affidavit alleging the death of defendant, that he had been examined adversely, that the complaint had been demurred to, that the...

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