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JOHNSON v. HEINTZ

No. 747 (1974).

73 Wis.2d 286 (1976)

243 N.W.2d 815

JOHNSON and another, Plaintiffs-Respondents, v. HEINTZ and another, Defendants and Third-Party Plaintiffs-Appellants: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Third-Party Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 30, 1976.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Wickhem, Consigny, Andrews, Hemming & Barton, S. C. of Janesville.

For the respondents the cause was submitted on the brief of Grimm & Elliott, attorneys, and Richard E. Rosenburg, of counsel, all of Janesville.

HANLEY, J.

The following issues are presented on this appeal:

1. May the trial court order concerning the undertaking be reviewed on this appeal?

2. Was it error for the trial court to allow a settlement between plaintiffs and third-party defendants when the direct right of action between them was extinguished by the statute of limitations?

3. If the release was proper, should the defendants be allowed...

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