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O'LEARY v. PORTER

No. 224.

42 Wis.2d 491 (1969)

167 N.W.2d 193

O'LEARY, by Guardian ad litem, Respondent, v. PORTER, Defendant: MILWAUKEE MUTUAL INSURANCE COMPANY, Appellant: KRAUSE and others, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Block & Summers, attorneys, and Richard E. Rosenberg of counsel, all of Janesville, and oral argument by Mr. Rosenberg.

For the respondent there was a brief by Godfrey, Godfrey & Neshek and Milton E. Neshek, all of Elkhorn, and oral argument by Milton E. Neshek.

BEILFUSS, J.

The appellant, Milwaukee Mutual, contends that the defense of no agency as between Porter and Mrs. Arntz is admitted and as such is a valid defense entitling Porter to a dismissal and that because this defense is alleged in the same paragraph of the answer as the alleged defense of Milwaukee Mutual based upon no agency, the demurrer should not be sustained.

In its answer appellant, Milwaukee Mutual, admits that at the time of the accident Mrs...

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