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GILLARD v. AABERG

5 Wis.2d 216 (1958)

GILLARD, Appellant, v. AABERG and another, Respondents.

Supreme Court of Wisconsin.

November 5, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Rosenbaum & Rosenbaum of Milwaukee, and oral argument by Ralph K. Rosenbaum, Jr.

No brief for the respondents; oral argument by Max E. Geline of Milwaukee, by permission of the court under Supreme Court Rule 35.

WINGERT, J.

No brief was filed by the respondents. We might reverse for that reason alone under Supreme Court Rules 32 and 35 (secs. 251.32 and 251.35, Stats.). Nevertheless the presumption in favor of an order of the circuit court is such that we prefer to consider the appeal on the merits.

The order appealed from provides in part that the motion to vacate the "judgment" be granted. No judgment was ever entered in...

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