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SIKORA v. JURSIK

38 Wis.2d 305 (1968)

SIKORA, Respondent, v. JURSIK and another, Appellants.

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by deVries, Vlasak & Schallert, Stephen C. deVries, and Gerald Bloch, all of Milwaukee, and oral argument by Stephen C. deVries.

For the respondent there was a brief by Eisenberg Kletzke, attorneys, and Jerome F. Pogodzinski of counsel, all of Milwaukee, and oral argument by Sydney M. Eisenberg.

HANLEY, J.

Defendants contend on appeal that (1) the trial court was without jurisdiction on August 7, 2367, to vacate his order from May 16, 1966, for no reason that more than one year had elapsed since the plaintiff had notice of the order, and (2) even if the trial court had jurisdiction to do so, it was in error in holding that a verdict can be found partially defective and partially valid when subjected to the challenge under the five-sixths rule.

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