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SCHATZMAN v. GREENFIELD

273 Wis. 277 (1956)

SCHATZMAN, Plaintiff, vs. TOWN OF GREENFIELD, Respondent: CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

June 5, 1956.

Attorney(s) appearing for the Case

For the appellant there was a brief by Walter J. Mattison, city attorney, and Richard F. Maruszewski and John F. Cook, assistant city attorneys, and oral argument by Mr. Maruszewski.

For the respondent there was a brief by Paul Gauer, attorney, and Robert J. Buer of counsel, both of Milwaukee, and oral argument by Mr. Buer.

For the plaintiff there was a brief by Schroeder, Sheets & Schroeder, Robert W. Schroeder, and Clyde E. Sheets, all of Milwaukee, and oral argument by Clyde E. Sheets.

BROWN, J.

The statute from which the city claims its right to be interpleaded is:

"260.19 PARTIES INTERPLEADED. (1) When a complete determination of the controversy in court cannot be had without the presence of other parties, or when persons not parties have such interests in the subject matter of the controversy as require them to be parties for their protection, the court shall order them brought in; . . ."

The city submits that it has such an interest...

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