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MILWAUKEE v. WEGNER

258 Wis. 285 (1951)

CITY OF MILWAUKEE and others, Respondents, vs. WEGNER and others, Appellants.

Supreme Court of Wisconsin.

January 9, 1951.

Attorney(s) appearing for the Case

For the appellants there was a brief by the Attorney General and Harold H. Persons, assistant attorney general, and oral argument by Mr. Persons.

For the respondents there was a brief by Walter J. Mattison, city attorney, and Harry G. Slater, assistant city attorney, and oral argument by Mr. Slater.

Herbert L. Mount of Milwaukee, and Robert J. Cunningham of Janesville, for intervening plaintiffs and respondents.

There was also a brief by Robert J. Cunningham of Janesville, as amicus curiae.

FRITZ, C. J.

The trial court overruled defendants' demurrer ore tenus on the ground that the action is against the individual defendants and that it is not a suit against the state, and that therefore it is a proper action against the defendants for declaratory relief under the applicable statutes. The court's conclusion and order overruling the demurrer must be affirmed for the reasons stated in Berlowitz v. Roach, 252 Wis. 61, 64, 30 N.W.2d 256. In...

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