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KAUFMANN v. LA CROSSE CITY BD. OF CANVASSERS

8 Wis.2d 182 (1959)

KAUFMANN, Plaintiff and Respondent, v. LA CROSSE CITY BOARD OF CANVASSERS, Defendant: SMITH, Defendant and Appellant.

Supreme Court of Wisconsin.

October 6, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hale, Skemp, Hanson, Schnurrer & Sheehan and Alex B. Cameron, all of La Crosse, and oral argument by Mr. L. E. Sheehan and Mr. Cameron.

For the respondent there was a brief by Bosshard & Arneson of La Crosse, and oral argument by Philip G. Arneson.

BROADFOOT, J.

Upon this appeal the appellant contends that the circuit court committed error in that he misconstrued and misapplied the applicable law. It is first contended that the court has already construed sec. 11.59, Stats., to be directory rather than mandatory. In support of his contention he cites the cases of Sommerfeld v. Board of Canvassers, 269 Wis. 299, 69 N.W.2d 235, and Olson v. Lindberg,

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