American Medical Services, Inc. v. Mutual Federal Savings & Loan Ass'n

This appeal raises the question of whether the discretion of the trial court conferred by sec. 269.56 (6), Stats.,1 the Declaratory Judgments Act, may be exercised on demurrer and whether a demurrer can present the question of whether a judgment would terminate the controversy. Medical Services relies on Miller v. Currie (1932), 208 Wis. 199, 242 N. W. 570, and Iowa Nat. Mutual Ins. Co. v. Liberty Mut. Ins. Co. (1969), 43 Wis. 2d 280, 168 N. W. 2d 610, for the proposition that the court’s discretion may only be exercised upon the record as it exists when the entry of a judgment would be…