Essbro Seamless Floors, Inc. v. Sitzberger

The respondent has not appeared nor has he filed a brief in this appeal. The court was informed *232that the respondent was not interested in responding to the appeal beeause he felt that the appeal was frivolous.

Sec. (Rule) 251.57, Stats., provides:

“When a cause is submitted, or presented by counsel for appellant or plaintiff in error, but not by the opposing party, the judgment or order appealed from may be reversed as of course, without argument.”

The above rule was formerly numbered Rule 32 (sec. 251.32, Stats.) and was interpreted in Dempsey v. National Surety Co. (1921), 173 Wis. 296, 181 N.…