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SNOWBERRY v. ZELLMER

22 Wis.2d 356 (1964)

SNOWBERRY, Respondent, v. ZELLMER and another, Appellants.

Supreme Court of Wisconsin.

February 4, 1964.

Attorney(s) appearing for the Case

For the appellants there were briefs by Thomas F. McCaul of Tomah, and Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by William P. Skemp.

For the respondent there was a brief by Donovan & Breitenfield of Tomah, and oral argument by Victor H. Breitenfield.

FAIRCHILD, J.

"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

The foregoing was incorporated in the statute by our rule, effective June 1, 1961.2 It was intended to prevent the use of a motion for summary judgment for the...

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