Buckley v. Park Building Corp.

Propriety of a Motion for Judgment on the Pleadings.

Before the jury was called, the defendant Park State Bank moved for judgment on the pleadings, and the court granted this motion. Upon this appeal, the plaintiff questions whether this particular motion was ever available to a defendant in Wisconsin and urges that in any event it has been abolished. The plaintiff relies on the 1954 supreme court amendment to sec. 263.12, Stats., which abrogated the demurrer ore terms. See 265 Wis. vi.

The motion for judgment on the pleadings does not appear to be expressly authorized in any Wisconsin statute.…