Direct Service Oil Co. v. Wisconsin Ice & Coal Co.

The plaintiff contends that defendant’s motion was one for judgment on the pleadings, and that the order denying it is not appealable.

The defendant moved “upon all the records, pleadings and files herein . . . for judgment dismissing plaintiff’s complaint upon .the merits and for judgment ... on its counterclaim.” The records, pleadings, and files consisted of the summons, complaint, answer, counterclaim, and reply. 'In our opinion the motion was one for judgment on the pleadings.

From certain language contained in the decision of the trial court it is apparent that the court regarded…