VILLAGE OF FONTANA-ON-GENEVA LAKE v. HOAG

No. 199.

57 Wis.2d 209 (1973)

203 N.W.2d 680

VILLAGE OF FONTANA-ON-GENEVA LAKE, Respondent, v. HOAG and others, Defendants: MILLER and others, Appellants.

Supreme Court of Wisconsin.

Decided January 30, 1973.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of William H. Freytag of Elkhorn.

For the respondent the cause was submitted on the brief of Morrissy, Morrissy & Race of Elkhorn.


Submitted under sec. (Rule) 251.54 January 5, 1973.

HEFFERNAN, J.

The appellants attack the propriety of the procedure followed by the trial judge in granting summary judgment and in conducting a trial. They claim that they left the pretrial conference anticipating a subsequent trial of the issues and were surprised when, approximately two months later, the trial court issued its order for summary judgment.

We conclude that, on the basis of the record...

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