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KIGGINS v. MACKYOL

No. 140.

40 Wis.2d 128 (1968)

161 N.W.2d 261

KIGGINS (Donna Jean), Appellant, v. MACKYOL and others, Respondents: KIGGINS (Leeland), Impleaded Defendant and Respondent.

Supreme Court of Wisconsin.

Decided October 1, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Borg, McGill & Moodie of Superior, and oral argument by Douglas S. Moodie.

For the respondents there was a brief by Hughes, Anderson, Davis, Witkin & Fredrickson, attorneys, and John P. Foley of counsel, all of Superior, and oral argument by Harold Witkin.

ROBERT W. HANSEN, J.

The Wisconsin legislature has provided that "In any action or proceeding brought to the supreme court by appeal ... if it shall appear to that court from the record, that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried, the supreme court may in its discretion reverse the judgment ... appealed from, regardless of the question whether proper...

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