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WAUWATOSA v. MILWAUKEE

266 Wis. 59 (1954)

TOWN OF WAUWATOSA, Appellant, vs. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

February 2, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs by William Kay, attorney, and Dineen, Gleason, Shaughnessy & Dineen of counsel, all of Milwaukee, and oral argument by Mr. C. R. Dineen and Mr. Kay.

For the respondent there was a brief by Walter J. Mattison, city attorney, and Richard F. Maruszewski, assistant city attorney, and oral argument by Mr. Maruszewski.

A brief was filed by Albert B. Houghton of Milwaukee, as amicus curiae.

BROADFOOT, J.

It is the first claim of the plaintiff that the answer denied each of the allegations of the complaint in the same words used in the complaint and was thus a negative pregnant; that no issue or issues were raised by such form of denial; that the allegations of the complaint were admitted and the plaintiff was therefore entitled to judgment as prayed for in the complaint. This issue was not raised until after trial, but was submitted to the trial court...

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