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Kennedy-Ingalls Corp. v. Meissner
Citations: 8 Wis. 2d 126; 98 N.W.2d 386
Court: Wisconsin Supreme Court; October 6, 1959; Wisconsin; State Supreme Court
The Supreme Court of Wisconsin reversed the trial court's order for a new trial in the case of Kennedy-Ingalls Corporation v. Meissner, determining that the trial court misinterpreted prior rulings regarding the necessity of A. O. Smith Corporation's participation. Although Smith had a right to be included for its own protection, both Kennedy and Meissner agreed to proceed without Smith's involvement, and Smith subsequently waived its right to participate. The court noted that no new trial was warranted given the mutual consent of the parties involved and Smith’s formal waiver. Additionally, the court addressed the issue of summary judgment, affirming the trial court's denial of Smith's motion for summary judgment as premature due to a pending demurrer. The court clarified that a summary judgment motion may be appropriate once Meissner has responded to the complaint. The case was remanded for the trial court to consider outstanding motions after the verdict in accordance with the court's opinion.