STRYKER v. LAPOINTE

Nos. 153-155.

52 Wis.2d 228 (1971)

190 N.W.2d 178

STRYKER and wife, Appellants, v. TOWN OF LAPOINTE and others, Respondents. FRIEDLANDER and wife, Appellants, v. TOWN OF LA POINTE and others, Respondents. RICHARDSON and wife, Appellants, v. TOWN OF LAPOINTE and others, Respondents.

Supreme Court of Wisconsin.

Decided October 5, 1971.


Attorney(s) appearing for the Case

For the appellants Stryker, Friedlander, and Richardson there was a brief by Gwin & Fetzner of Hudson, and oral argument by John W. Fetzner.

For the respondent Town of LaPointe there was a brief by Wartman & Wartman of Ashland, and oral argument by David G. Wartman.


WILKIE, J.

The sole issue in these appeals is whether the trial court abused its discretion in denying the request of the three plaintiffs for an extension of time to serve and file their complaints. The court below considered plaintiffs' motions to extend the time in which to file their complaints and concluded that the plaintiffs had not demonstrated "excusable neglect" as required by sec. 269.45 (2),1 the statute authorizing the court...

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