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SHELDON v. SINGER

No. 144.

61 Wis.2d 443 (1973)

213 N.W.2d 5

SHELDON, Appellant, v. SINGER, Respondent.

Supreme Court of Wisconsin.

Decided December 21, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by James R. Mattison and Becker, Kinnel, Doucette & Mattison, all of Milwaukee, a reply brief by James R. Mattison, and oral argument by James R. Mattison.

For the respondent there was a brief by James G. Howard and Binder, Zirbel & Howard, all of Milwaukee, and oral argument by Irving W. Zirbel.

WILKIE, J.

Four issues are raised on this appeal:

1. Did the trial court err in refusing to grant a motion for new trial on the basis of newly discovered evidence?

2. Did the allowance of testimony on an "undisclosed defense" prejudice the plaintiff's case?

3. Did the trial court err in refusing to give the requested instruction of the plaintiff?

4. Is the plaintiff entitled to a new trial in the interest of justice because the trial...

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