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MILWAUKEE v. CHRISTOPHER

No. 27.

45 Wis.2d 188 (1969)

172 N.W.2d 695

CITY OF MILWAUKEE, Respondent, v. CHRISTOPHER, Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by James D'Amato of Waukesha, and oral argument by Richard J. Steinberg of Milwaukee.

For the respondent there was a brief by John J. Fleming, city attorney, and Theophilus C. Crockett, assistant city attorney, and oral argument by Mr. Crockett.

WILKIE, J.

Before considering this appeal on its merits it is necessary to dispose of an issue raised for the first time by the city at oral argument, namely: Was the appeal to this court timely?

This issue of the timeliness of the appeal cannot be raised by the city because the city, by participating in this appeal without raising an objection to its timeliness until oral argument stage, has waived such objection.1

Thus...

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