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CITY OF MILWAUKEE v. MILWAUKEE COUNTY

256 Wis. 580 (1950)

CITY OF MILWAUKEE and another, Appellants, vs. MILWAUKEE COUNTY and another, Respondents.

Supreme Court of Wisconsin.

April 5, 1950.

Attorney(s) appearing for the Case

For the appellants there were briefs by Walter J. Mattison, city attorney, and Richard F. Maruszewski, assistant city attorney, and Brooke Tibbs of Milwaukee of counsel (for John W. Polcyn), and oral argument by Mr. Tibbs and Mr. Maruszewski.

For the respondents there was a brief by the Attorney General, Stewart G. Honeck, deputy attorney general, William J. McCauley, district attorney, and Oliver L. O'Boyle, corporation counsel, and oral argument by Mr. Honeck.

FRITZ, C. J.

As stated in Judge AARONS' decision:

"The facts pleaded in the complaint disclose that the actual controversy in October, 1946, was the one upon which the city attorney advised the chief of police when the latter inquired whether he was obliged to direct city police officers to serve as such in aid of the sheriff in West Allis. The city attorney's advice was `that the city police department had no legal obligation or authority as a city police...

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