JONAS v. NORTHEASTERN MUT. FIRE INS. CO.

No. 121.

44 Wis.2d 347 (1969)

171 N.W.2d 185

JONAS and wife, Respondents, v. NORTHEASTERN MUTUAL FIRE INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided October 28, 1969.


Attorney(s) appearing for the Case

For the appellant there were briefs by Jack McManus and Charles H. Kennedy, attorneys, and Larry A. Haukom of counsel, all of Madison, and oral argument by Mr. Haukm.

For the respondents there was a brief by Denissen, Kranzush, Stodola & Mahoney of Green Bay, and oral argument by Calvin Joseph Stodola.


HEFFERNAN, J.

At the outset we are compelled to consider plaintiffs' claim that the errors now claimed by the defendant were not raised by a motion for a new trial directed to the trial court, and that defendant is therefore foreclosed from raising the questions on appeal in the absence of a showing of compelling circumstances. We agree with plaintiffs' position. In the landmark case of Wells v. Dairyland Mut. Ins. Co. (1957), 274 Wis. 505<...

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