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LYONS v. MENOMINEE ENTERPRISES, INC.

No. 394.

67 Wis.2d 504 (1975)

227 N. W. 2d 108

LYONS and wife, Appellants, v. MENOMINEE ENTERPRISES, INC., Respondent.

Supreme Court of Wisconsin.

Decided March 28, 1975.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Frederic C. Eberlein and Eberlein Law Office, all of Shawano.

For the respondent the cause was submitted on the brief of Mary Van Gemert and Preloznik & Merriam, all of Madison.

Submitted under sec. (Rule) 251.54 March 6, 1975.

ROBERT W. HANSEN, J.

The plaintiffs moved for summary judgment. The trial court denied their motion. The sole issue on appeal is whether the trial court abused its discretion in thus denying such motion.

Summary judgment is a drastic remedy, and a motion for summary judgment is not a substitute for demurrer or judgment on the pleadings.1 The summary judgment statute

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