STATE EX REL. LEUCH v. HILGEN


258 Wis. 430 (1951)

STATE EX REL. LEUCH, Appellant, vs. HILGEN, City Clerk, and another, Respondents.

Supreme Court of Wisconsin.

February 6, 1951.


Attorney(s) appearing for the Case

E. W. Van Dyke of Milwaukee, and P. F. Leuch, in pro. per., for the appellant.

For the respondents there was a brief by Kittsley & Hurth of Cedarburg, and Gerold & Huiras, of Port Washington, and oral argument by Harold J. Kittsley.


HUGHES, J.

The trial court filed no opinion, so we are unable to ascertain upon what basis the motion to quash was granted. An examination of the record shows that the petition states a cause of action.

"The motion [to quash] is in the nature of a demurrer, and ordinarily is dependent for its effectiveness on grounds stated in the motion. It cannot be aided by allegations of fact, and, like a demurrer, admits all facts which are well pleaded for the purpose...

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