BANACH v. MILWAUKEE


31 Wis.2d 320 (1966)

BANACH and wife, Appellants, v. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

June 7, 1966.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Burton A. Strnad of Milwaukee.

For the respondent there was a brief by John J. Fleming, city attorney, and Ewald L. Moerke, Jr., and Harvey G. Odenbrett, assistant city attorneys, and oral argument by Mr. Moerke.


CURRIE, C. J.

The principal issue raised by plaintiffs' appeal is whether the record before the trial court on the motion for summary judgment raised a material issue of fact which required a trial to resolve. The city's cross appeal presents the issues of: (1) Whether the trial court had the power to stay further proceedings by the city pending plaintiffs' appeal, and (2), if the court did possess such power, did its exercise of the same constitute an abuse of discretion...

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