BORDE v. HAKE

No. 144.

44 Wis.2d 22 (1969)

170 N.W.2d 768

BORDE, Plaintiff and Respondent, v. HAKE and others, Defendants and Appellants: HERITAGE MUTUAL INSURANCE COMPANY, Defendant and Respondent: MOEN and others, Impleaded Defendants and Respondents.

Supreme Court of Wisconsin.

Decided September 30, 1969.


Attorney(s) appearing for the Case

The cause was submitted for the appellants on the brief of Block & Summers, attorneys, and Richard E. Rosenberg of counsel, all of Janesville, and for the plaintiff-respondent on the brief of George H. Murwin of Janesville.


HEFFERNAN, J.

Neither of the parties to this lawsuit seriously disputes the propriety of the judge's order abating the entire lawsuit. The dispute, as the parties see it, centers on whether the action should be merely suspended, as contended by the plaintiff, until the necessary party cannot be joined; or whether, as contended by the defendants, the suit should have been dismissed without prejudice. At first impression the...

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