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STOBBE v. ATKINSON

4 Wis.2d 178 (1958)

STOBBE, Plaintiff and Respondent, vs. ATKINSON and others, Defendants: DONALDSON OLDSMOBILE COMPANY, INC., Defendant and Appellant.

Supreme Court of Wisconsin.

May 6, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Lowry & Hunter, and oral argument by Willis J. Zick, all of Waukesha.

For the respondent there was a brief and oral argument by William P. McGovern of Milwaukee.

WINGERT, J.

We consider that the trial court was right in holding that the subject matter of plaintiff's complaint against Donaldson Oldsmobile Company is not res adjudicata by virtue of the proceedings in the civil court.

The matter came before the civil court in the course of the replevin action, on a motion by Stobbe to interplead Donaldson. Had such interpleader been granted, Stobbe would then have been in position to file and serve a cross complaint...

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