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DUNLAVY v. DAIRYLAND MUT. INS. CO.

21 Wis.2d 105 (1963)

DUNLAVY, Appellant, v. DAIRYLAND MUTUAL INSURANCE COMPANY and others, Respondents.

Supreme Court of Wisconsin.

October 29, 1963.

Attorney(s) appearing for the Case

For the appellant there were briefs by Campbell, Brennan, Steil & Ryan of Janesville, and oral argument by James E. Brennan.

For the respondents Dairyland Mutual Insurance Company and Otis L. Gobin there was a brief by Smith, Rogers & Smith of Fort Atkinson, and oral argument by Donald L. Smith.

For the respondent Hardware Dealers Mutual Fire Insurance Company there was a brief by W. L. Jackman and Hart, Kraege, Jackman & Wightman of Madison, and oral argument by W. L. Jackman.

For the respondent Farmers Insurance Exchange there was a brief by Schlotthauer, Jenswold, Reed & Studt of Madison, and oral argument by John F. Jenswold.

CURRIE, J.

After reviewing the record in this appeal we reach these conclusions:

(1) The movants for new trial, with respect to the negligence issues, failed to fully comply with that part of sec. 270.50, Stats., which provides, "A motion for a new trial founded upon newly discovered evidence may be heard upon affidavits and the papers in the action." (Italics supplied.)

(2) There was no such failure to comply with such statutory requirement...

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