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ZEIS v. FRUEHAUF CORP.

No. 153.

56 Wis.2d 486 (1972)

202 N.W.2d 225

ZEIS, Appellant, v. FRUEHAUF CORPORATION, Respondent.

Supreme Court of Wisconsin.

Decided November 28, 1972.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Charlton, Yanisch, Greco & Roffa of Milwaukee.

For the respondent the cause was submitted on the brief of Gibbs, Roper & Fifield, attorneys, and Charles A. Kranz and Clay R. Williams of counsel, all of Milwaukee.

HEFFERNAN, J.

The trial court's order for dismissal came more than five years after the action was commenced by the service of the summons and complaint. Sec. 269.25, Stats., provides that:

"Dismissal for delay. The court may with notice dismiss any action or proceeding which is not brought to trial within 4 years after its commencement."

Sec. 270.54, Stats., also confers dismissal power upon trial courts. That statute provides in part...

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