Prey v. Allard

The following opinion was filed October 7, 1941:

Rosenberry, C. J.

Neither counsel cited the case of Unmack v. McGovern (1941), 236 Wis. 639, 296 N. W. 66, in which it was distinctly held that a motion for summary judgment did not lie except in one of the classes of .actions enumerated in sec. 270.635 (1), Stats. It is clear, as counsel concede, that this action does not fall within the statutory classification. Counsel for the defendants, however, sought to sustain the judgment under sub. (2), which provides :

“The judgment may be entered in favor of either party, on motion, upon the affidavit…