AMERICAN MEDICAL SERVICES, INC., Appellant,
v.
MUTUAL FEDERAL SAVINGS & LOAN ASSOCIATION, Respondent.
MUTUAL FEDERAL SAVINGS & LOAN ASSOCIATION, Respondent,
v.
AMERICAN MEDICAL SERVICES, INC., Appellant:
ASSURED REALTY & CONSTRUCTION COMPANY and others, Defendants.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued June 2, 1971.
Decided June 29, 1971.
Attorney(s) appearing for the Case
For the appellant there was a brief by Samson & Nash and Godfrey & Kahn, attorneys, and James Ward Rector, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Rector.
For the respondent there was a brief by Frisch, Dudek, Slattery & Denny, attorneys, and Edward A. Dudek and Robert D. Scott of counsel, all of Milwaukee, and oral argument by Mr. Scott.
Case No. 292:
For the appellant there was a brief by Samson & Nash and Godfrey & Kahn, attorneys, and James Ward Rector, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Rector.
For the respondent there was a brief by Frisch, Dudek, Slattery & Denny, attorneys, and Edward A. Dudek and Edward J. Pronley of counsel, all of Milwaukee, and oral argument by Mr. Pronley.
Supreme Court of Wisconsin.
HALLOWS, C. J.
This appeal raises the question of whether the discretion of the trial court conferred by sec. 269.56 (6), Stats.,1 the Declaratory Judgments Act, may be exercised on demurrer and whether a demurrer can present the question of whether a judgment would terminate the controversy. Medical Services relies on Miller v. Currie (1932), 208 Wis. 199, 242 N. W. 570, and Iowa Nat. Mutual Ins. Co. v. Liberty Mut. Ins. Co...
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