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TEEGARDEN CO-OP. CHEESE CO. v. HECKMAN

271 Wis. 86 (1955)

TEEGARDEN CO-OPERATIVE CHEESE COMPANY, Respondent, vs. HECKMAN, Appellant.

Supreme Court of Wisconsin.

November 8, 1955.

Attorney(s) appearing for the Case

For the appellant there were briefs by Brazeau & Brazeau of Wisconsin Rapids, and oral argument by Theo. W. Brazeau.

For the respondent there was a brief by Harold Jordan of St. Paul, Minnesota, and Emil A. Wakeen of Wausau, and oral argument by Mr. Jordan.

GEHL, J.

Plaintiff-respondent contends that because the stricken portion of the answer is not pleaded as a separate defense the order is not appealable and cites Bolick v. Gallagher (1954), 266 Wis. 208, 63 N.W.2d 93, as authority for its contention. It will be observed that paragraph 8 of the answer opens with the statement, "For further answer to plaintiff's complaint and as a bar thereto, . . ." The plea of res judicata...

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