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ESTATE OF BOBO

275 Wis. 452 (1957)

ESTATE OF BOBO: BOBO, by Guardian ad litem, and another, Appellants, vs. KENOSHA NATIONAL BANK, Administrator, Respondent.

Supreme Court of Wisconsin.

April 9, 1957.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kellstedt & Young of Peoria, Illinois, attorneys, and Cavanagh, Mittelstaed, Sheldon, Heide & Hartley of Kenosha of counsel, and oral argument by William A. Sheldon.

For the respondent there was a brief by Julius Grotsky, attorney, and Vaudreuil & Vaudreuil of counsel, all of Kenosha, and oral argument by Mr. Grotsky.

FAIRCHILD, J.

The first question is whether the appeal from the order of October 6, 1955, must be dismissed. It was late, and although appellants applied for an extension of time, no extension was secured. This court has concluded that when a respondent does not move for dismissal of a late appeal but participates in it, sec. 269.51, Stats., vests jurisdiction here, notwithstanding the tardiness. Guardianship of Barnes, ante, p. 356, 82 N.W.2d 211. Respondent...

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