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WITTKA v. HARTNELL

No. 40.

46 Wis.2d 374 (1970)

175 N.W.2d 248

WITTKA and husband, Appellants, v. HARTNELL and another, Respondents.

Supreme Court of Wisconsin.

Decided March 31, 1970.

Attorney(s) appearing for the Case

For the appellants there were briefs by Merten, Connell & Sisolak of Milwaukee, and oral argument by Walter L. Merten.

For the respondent Earl Hartnell there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Phillip E. Crump of counsel, all of Milwaukee, and oral argument by Mr. Crump.

For the respondent Donverly Realty, Inc., there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by Gerald T. Hayes.

HEFFERNAN, J.

1. The Wittka appeal

Questions of the court directed at counsel during oral argument elicited the information that the plaintiff-appellants made no post-trial motions in the trial court prior to this appeal. An examination of the record confirms this. Accordingly, absent a showing of a patent miscarriage of justice, the plaintiffs have no right to the appellate review of the issues raised in their brief. The recent case of Jonas v....

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