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HYSLOP v. MAXWELL

No. 306.

65 Wis.2d 658 (1974)

223 N.W.2d 516

HYSLOP, Appellant, v. MAXWELL, Respondent.

Supreme Court of Wisconsin.

Decided November 26, 1974.

Attorney(s) appearing for the Case

For the appellant there was a brief by Doar, Drill, Norman & Bakke, and oral argument by Thomas D. Bell, all of New Richmond.

For the respondent there was a brief by W. Dale Phillips and Phillips & Gambrell, all of Milwaukee, and oral argument by W. Dale Phillips.

BEILFUSS, J.

Counsel for the plaintiff-appellant basically raises two questions: (1) Whether the reasons asserted for the delay in preparing and serving the complaint constitute excusable neglect under sec. 269.45 (2), Stats.,1 as to entitle the plaintiff to an extension of time; and (2) whether the trial court could rely on a failure to revive the action after the death of the plaintiff.

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