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MENARD v. JIFFY SELF-SERVICE DRY CLEANING

No. 91.

46 Wis.2d 142 (1970)

174 N.W.2d 493

MENARD and wife, Respondents, v. JIFFY SELF-SERVICE DRY CLEANING, INC., and others, Appellants.

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the appellants there was a brief by Prosser, Zimmermann, Wiedabach, Koppa & Lane, attorneys, and James W. Lane of counsel, all of Milwaukee, and oral argument by James W. Lane.

For the respondents there was a brief and oral argument by Walter J. Steininger of Milwaukee.

CONNOR T. HANSEN, J.

This appeal arises because of plaintiffs' failure to file a complaint within twenty days of defendants' demand in accordance with sec. 262.12 (1), Stats.1 The sequence of events related to this omission are as follows:

Plaintiff, LaRae Menard, is alleged to have sustained personal injuries on December 7, 1965, while on defendants' premises. On November 18, 1968, plaintiffs' attorney served on defendants a summons...

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