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DE SALVO v. HOWELL PLAZA, INC.,

38 Wis.2d 167 (1968)

DE SALVO and wife, Appellants, v. HOWELL PLAZA, INC., Respondent.

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Boren & Schmidt of Cudahy, attorneys, and Walther & Burns of Milwaukee of counsel, and oral argument by Morton J. Schmidt.

For the respondent there was a brief by Frederick Hersh and John D. Finerty, both of Milwaukee, and oral argument by Mr. Finerty.

HEFFERNAN, J.

Does the plaintiffs' affidavit, which fails to aver that there is no defense to the action, comply with the requirements of the summary-judgment statute

The defendant in his brief and upon oral argument correctly points out that the plaintiffs' affidavit failed to incorporate therein the statement required by sec. 270.635 (2), Stats., ". . . that he believes that there is no defense to the action . . . ." We have previously held that the...

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