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LOUNSBURY v. EBERLEIN

2 Wis.2d 112 (1957)

LOUNSBURY, Respondent, vs. EBERLEIN, Executrix, and others, Appellants. [Two cases.]

Supreme Court of Wisconsin.

November 5, 1957.

Attorney(s) appearing for the Case

For the appellants there was a brief by Geffs, Geffs, Block & Geffs of Janesville, and oral argument by Jacob Geffs.

For the respondents there was a brief by Crosby H. Summers and Donald W. Krueger, both of Janesville, and oral argument by Mr. Summers.

STEINLE, J.

The defendants contend that (a) the plaintiffs could not raise the sufficiency of the defendants' answer by motion to strike; (b) the plaintiffs waived objection that the separate defenses failed to state a defense; and (c) plaintiffs' claims are "contingent claims" within the meaning of sec. 313.22, Stats.

In support of their contention that the sufficiency of the answers could not properly be challenged...

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