Madigan v. City of Onalaska

“The practice of resorting to motions for summary judgment came into being to prevent delay in the entry of a judgment due to the interposition of unfounded, false, or frivolous answers.” McLoughlin v. Malnar (1941), 237 Wis. 492, 495, 297 N. W. 370. In the case at bar the answer of the respondent merely stated a conclusion that the La Crosse County Record did not have sufficient circulation to enable it to qualify as the official newspaper of Onalaska. However, appellant’s remedy was not a motion for summary judgment; it was one to make more definite and certain. The procedure provided by…