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DAVIS v. CITY OF ELKHORN

No. 85-1952.

132 Wis.2d 394 (1986)

393 N.W.2d 95

Brian E. DAVIS, Plaintiff-Appellant, v. CITY OF ELKHORN and Elkhorn Light & Water Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 2, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Brian E. Davis, pro se, of Delavan, Wisconsin.

For the defendants-respondents, the cause was submitted on the briefs of Leslie L. Johnson of Thorson, Davies & Johnson of Elkhorn, Wisconsin.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

Brian E. Davis appeals from an order dismissing his complaint. He poses two arguments. First, he claims that because the defendants were late in serving their answer they were in default and the trial court should have granted default judgment rather than proceeding to the merits of his complaint. Second, he observes that the trial court spoke only to the § 1983 claim for relief. He asserts that there were...

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