STARKE v. VILLAGE OF PEWAUKEE

No. 77-067.

85 Wis.2d 272 (1978)

270 N.W.2d 219

STARKE, Plaintiff-Respondent, v. VILLAGE OF PEWAUKEE, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided October 3, 1978.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by August E. Fabyan, village attorney, of Hartland.

For the respondent there was a brief by Willis B. Swartwout, III, Gary L. Heiber and Swartwout & Heiber of New Berlin, and oral argument by Willis B. Swartwout, III.


COFFEY, J.

There are 4 issues on appeal.

1. Does a reserve circuit judge temporarily assigned because of the illness of the presiding judge have the authority to review or modify a judgment entered prior to the reserve judge's specific assignment to the particular case?

2. Assuming that the reserve circuit judge had authority to act under the above circumstances, did he properly exercise his discretion in modifying the judgment in this case?

...

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