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LUMBERMENS MUT. CAS. CO. v. ROYAL INDEM. CO.

10 Wis.2d 380 (1960)

LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff and Respondent, v. ROYAL INDEMNITY COMPANY and others, Defendants: KANE and another, Defendants and Appellants.

Supreme Court of Wisconsin.

May 3, 1960.

Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Frank D. Hamilton of Dodgeville.

For the respondent there was a brief by Schlotthauer & Jenswold, and oral argument by George McD. Schlotthauer and Arnold J. Wightman, all of Madison.

HALLOWS, J.

The only question on appeal is whether the pleading constitutes a sufficient defense. Trial courts in the past have treated a motion to strike as a general demurrer when the motion was directed to an entire answer or to a complete and separate defense as being frivolous or sham. In such cases the motion is in legal effect a demurrer. See Wisconsin Face & Fire Brick Co. v. Southern Surety Co. (1925), 188 Wis. 383, 206 N. W. 204; Williams v...

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