Herczeg v. Karns

The respondent has not appeared nor filed a brief in this appeal. The court may, therefore, reverse the order upon the procedural ground pursuant to sec. (Eule) 251.57, Stats.

The appellant has requested the court to consider the case upon its merits and reverse the order. We are not persuaded the request should be granted. It appears that there may be meritorious arguments that sec. 344.04 (2), Stats., is not limited solely to cases where undue hardship is alleged. In any event, we are of the opinion that the issues should be briefed and argued on both sides before the court restricts the…