ESTATE OF EANNELLI, 269 Wis. 218 (1955)

68 N.W.2d 804

ESTATE OF EANNELLI (Massemino): VENCI, Administratrix, Appellant, vs. EANNELLI, Administrator, and others, Respondents.[*]

Supreme Court of Wisconsin.February 9, 1955 —
March 8, 1955.

[*] Motion for rehearing denied, with $25 costs, on May 3, 1955.

APPEAL from an order of the county court of Waushara county: GAD JONES, judge. Affirmed.

This is an appeal from an order, entered on April 23, 1954, in the county court of Waushara county, HON. GAD JONES, judge presiding, denying the motion of the administratrix of the estate of Anna Eannelli, deceased, to vacate its decision entered April 24, 1953, and the judgment thereon entered in the estate of Massemino Eannelli, deceased, on May 1, 1953, and for a new trial in the interests of justice, and because of newly discovered evidence.

For the appellant there were briefs by Vaughn S. Conway, and oral argument by Vaughn S. Conway and Kenneth H. Conway, both of Baraboo.

For the respondents there were briefs by Chester J. Niebler
of Milwaukee, attorney, and M. J. Paul of Berlin, an Marshall J. Herro of Milwaukee of counsel, and oral argument by Mr. Niebler, Mr. Herro, and Mr. Paul.

STEINLE, J.

The issues are identical with those determined in connection with that portion of the appeal in Estate of Eannelli, ante, p. 192, 68 N.W.2d 791, dealing with the order of the trial court in denying a motion for a new trial. Our views here are the same as expressed in the opinion of that case.

By the Court. — Order affirmed.

Page 219

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