CIHLAR v. HARVEY


27 Wis.2d 269 (1965)

CIHLAR, Appellant, v. HARVEY and another, Respondents.

Supreme Court of Wisconsin.

March 30, 1965.


Attorney(s) appearing for the Case

For the appellant there was a brief by Byrne, Bubolz, Spanagel & Pfankuch of Appleton, and oral argument by William S. Pfankuch.

No brief or appearance for the respondents.


BEILFUSS, J.

The question of whether the trial court abused its discretion in granting a new trial is the sole issue presented.

From our review of the entire record, the brief and argument of the plaintiff are quite persuasive. However, because we have not had the benefit of a brief or oral argument from defendants, we decline to pass upon the matter on its merits but reverse under the statutory procedural rule....

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