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STATE EX REL. HERNANDEZ v. McCONAHEY

No. 239.

42 Wis.2d 468 (1969)

167 N.W.2d 412

STATE EX REL. HERNANDEZ, Appellant, v. McCONAHEY, Clerk of Courts for Fond du Lac County, Respondent.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by A. D. Sutherland of Fond du Lac.

For the respondent there was a brief and oral argument by Frederick K. Foster, corporation counsel of Fond du Lac county.

BEILFUSS, J.

The appeal must be dismissed for two reasons: (1) There is no order nor judgment in the record to be appealed from, and (2) the question is moot.

The issue was presented to the circuit court on the petition, which contained a stipulation of facts, and upon arguments of counsel. In the memorandum opinion filed by Judge MURPHY, he rejected the contention that the statute was unconstitutional and concluded the statutory fee to be advanced was $37...

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