CONTINENTAL CASUALTY CO. v. PECK

No. 7.

49 Wis.2d 488 (1971)

182 N.W.2d 229

CONTINENTAL CASUALTY COMPANY, Appellant, v. PECK, d/b/a PECK'S DINETTE, Respondent.

Supreme Court of Wisconsin.

Decided January 5, 1971.


Attorney(s) appearing for the Case

For the appellant there was a brief by Prosser, Wieciabach, Koppa, Lane & Quale, attorneys, and David M. Quale of counsel, all of Milwaukee, and oral argument by David M. Quale.

No brief or appearance for the respondent.


HANLEY, J.

The respondent has not appeared nor filed a brief on this appeal. The court may, therefore, reverse the judgment upon the procedural ground pursuant to sec. (Rule) 251.57, Stats.

The appellant has requested the court to consider the case upon its merits and reverse the judgment, with instructions that judgment be entered in favor of the plaintiff-appellant.

Under the circumstances of this case, we think the request should not be granted...

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