Dottai v. Altenbach

The main thrust of the defendants’ argument is the insufficiency of the counteraffidavit opposing their motion for summary judgment in that it contained conclusions of law, references to possible evidence the plaintiff hoped to produce at the trial, and no evidentiary facts. Before the weakness of the defense is considered this court must look to the strength of the attack. We pointed out in Hyland Hall & Co. v. Madison Gas & Electric Co. (1960), 11 Wis. (2d) 238, 105 N. W. (2d) 305, and we stress again that in deciding a motion for summary judgment, this court first examines the moving…