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MERTEN v. NATIONAL MANUFACTURERS BANK

26 Wis.2d 181 (1965)

MERTEN, Appellant, v. NATIONAL MANUFACTURERS BANK OF NEENAH, Administrator de bonis non, Respondent.

Supreme Court of Wisconsin.

January 5, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Henry P. Hughes of Oshkosh.

For the respondent there was a brief by Patri, Nolan, Crane & Engler of Oshkosh, and oral argument by Hibbard H. Engler.

HEFFERNAN, J.

We conclude that the judgment of divorce is reviewable by this court though one of the parties is dead, and that sufficient, though minimal, evidence was produced to sustain the judgment. The respondent contends that sec. 247.37 (2), Stats., denies the supreme court the power to set aside a divorce for lack of evidence when one of the parties has died.

Sec. 247.37 (2), Stats., provides in part:

"So far as said judgment affects the marital...

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