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BORNEMANN v. NEW BERLIN

27 Wis.2d 102 (1965)

BORNEMANN and wife, Appellants, v. CITY OF NEW BERLIN, Respondent.

Supreme Court of Wisconsin.

March 2, 1965.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Paul E. Bornemann of Milwaukee.

For the respondent there was a brief and oral argument by Clayton A. Cramer of Waukesha.

HEFFERNAN, J.

This appeal presents these issues:

(1) Did the trial court abuse its discretion in granting an extension of time to the city in which to answer the complaint?

(2) Did the city's answer meet the requirements of sec. 263.13, Stats.?

(3) Was it prejudicial error for the trial court to grant the city's motion for summary judgment when such notice of motion was given more than forty days after the joinder of issue and no extension...

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