ESTATE OF PFAFF

No. 57.

41 Wis.2d 159 (1968)

163 N.W.2d 140

ESTATE OF PFAFF: STUHT and others, Administratrices w. w. a., Appellants, v. MOUNT SINAI HOSPITAL and another, Respondents.

Supreme Court of Wisconsin.

Decided December 20, 1968.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by E. J. Mueller of Milwaukee.

For the respondents there was oral argument by James S. Levin and Arthur L. Ebert, Jr., both of Milwaukee.


HALLOWS, C. J.

The claimants have moved for a dismissal of this appeal on the ground a dismissal of a former appeal was res judicata. We think not. The former appeal was from the decision of the trial court and therefore premature. The dismissal did not reach or decide the merits now presented.

The appellants have moved for a reversal under sec. (Rule) 251.57, Stats., because the claimants have not filed a brief. This failure was due to the ambiguity of our...

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