Schau v. Morgan

The summary-judgment statute, sec. 270.635, so far as here material, provides:

“(1) Summary judgment may be entered ... in any civil action.

“(2) The judgment may be entered in favor of either party, on motion, upon the affidavit of any person who has knowledge thereof, ... if on behalf of thé defendant, such evidentiary facts, including documents or copies thereof, as shall show that his denials or defenses are sufficient to defeat the plaintiff, together with the affidavit of the moving party, either that he believes . . . that the action has no merit . . . unless the opposing party shall, by…