Poehling v. La Crosse Plumbing Supply Co.

Hallows, J..The gist of the defendant’s argument is the abatement suspended the suit for all other purposes and a motion for summary judgment could not be granted. In Truesdill v. Roach (1960), 11 Wis. (2d) 492, 105 N. W. (2d) 871, we stated if a plea in abatement is true when interposed it either defeats the pending suit or suspends the suit in which it is interposed except when such plea is made on the ground there is another action pending and such action is dismissed prior to the hearing on the plea. Winner v. Kuehn (1897), 97 Wis. 394, 72 N. W. 227. However, until the plea is determined…