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SCHICKER v. LEICK

No. 23.

40 Wis.2d 295 (1968)

162 N.W.2d 66

SCHICKER d/b/a SCHICKER LIVESTOCK TRANSPORT COMPANY, Plaintiff and Respondent, v. LEICK, Defendant and Appellant: BRIENAN and another, Defendants and Respondents.

Supreme Court of Wisconsin.

Decided October 29, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Byrne, Bubolz, Spanagel & Pfankuch and Ruth J. Weber, all of Appleton, and oral argument by Miss Weber.

For the plaintiff-respondent there was a brief by Holden, Halvorsen & Bjork of Sheboygan, and oral argument by Peter A. Bjork.

For the defendants-respondents there was a brief by Klueter, Larson & MacKenzie of Wausau, and oral argument by H. R. Klueter.

HANLEY, J.

The issue before us on this appeal is whether the liability of Sylvester Leick can be determined by summary judgment.

In Bolen v. Bolen (1968), 39 Wis.2d 91, 94, 158 N.W.2d 316, this court most recently discussed summary judgment:

"Summary judgment is a drastic remedy. But where there is no issue of fact that should be tried or where there is an issue of law...

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