Connecticut Indemnity Co. v. Prunty

This is not a proper matter for summary judgment. The defendant in this action, while before the court in the previous actions that were consolidated for trial, was not a party nor was she impleaded as a defendant in the actions brought by Marie C. Prunty, individually, and Metal Mending Products against Vanden Berg and his insurer, the plaintiff here. No judgment could have been rendered against the estate of Felix L. Prunty since it was not a party to those actions.

Contribution is based on common liability, Ellis v. Chicago & N. W. R. Co. (1918), 167 Wis. 392, 167 N. W. 1048, and there can…