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SUTTER v. STATE

No. 166 (1974).

69 Wis.2d 709 (1975)

233 N.W.2d 391

SUTTER and wife, Appellants, v. STATE and others, Respondents.

Supreme Court of Wisconsin.

Decided September 30, 1975.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Joseph C. Niebler and Miller & Niebler S. C., all of Milwaukee.

For the respondents the cause was submitted on the brief of Victor A. Miller, attorney general, and Roy G. Mita, assistant attorney general.

On motion for rehearing:

For the appellant there was a brief by Joseph C. Niebler, Frederic G. Baldowsky and Miller & Niebler, S. C. of Milwaukee.

For the respondent there was a brief by Bronson C. La Follette, attorney general, and Roy G. Mita, assistant attorney general.

Submitted under sec. (Rule) 251.54 June 5, 1975.

BEILFUSS, J.

The plaintiffs contend that the trial court either erred in failing to exercise its discretion to grant relief from judgment or abused its discretion in its exercise; and ask this court to reverse the orders of the trial court in the interest of justice.

The trial court was without power to grant the relief requested. After providing in a general way for the mandate of this court, sec. 274...

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