NIESEN v. STATE


30 Wis.2d 490 (1966)

NIESEN, Respondent, v. STATE, Appellant.

Supreme Court of Wisconsin.

April 12, 1966.


Attorney(s) appearing for the Case

For the appellant the cause was argued by Richard E. Barrett, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent there was a brief by Anderson, Bylsma & Eisenberg and William G. Rice, all of Madison, and oral argument by Mr. Rice.


GORDON, J.

Although sec. 88.38 (2), Stats., was repealed by the session laws of 1963, the repealing statute was not effective until June 13, 1964. It is clear that Mr. Niesen's cause of action arose prior to the effective date of the new statute.

Mr. Niesen was entitled to pursue a cause of action for damages if sec. 88.38 (2), Stats., governed. The appellant contends, however, that sec. 88.87, which was adopted by ch. 572, Laws of 1963, both abolished sec...

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