Shelby Mutual Insurance v. Home Mutual Insurance

Appellant-plaintiff raises two issues on this appeal:(1) Was it prejudicial error for the circuit court to enlarge the time within which defendants might move for summary judgment?(2) Was plaintiff’s cause of action barred by the statute of limitations ?

*28 Enlargement of Time to Make Motion for Summary Judgment.

Sec. 270.635 (1), Stats., provides: “Notice of motion for summary judgment and the papers in support thereof shall be served within 40 days after issue is joined, subject to enlargement of time as provided in s. 269.45.” 1 Since in the instant case, the issue had been joined more than…