BROWN DEER v. MILWAUKEE


274 Wis. 50 (1956)

VILLAGE OF BROWN DEER and another, Plaintiffs, vs. CITY OF MILWAUKEE and others, Defendants. [Two appeals.]

Supreme Court of Wisconsin.

November 7, 1956.


Attorney(s) appearing for the Case

For the plaintiff village of Brown Deer there were briefs and oral argument by Harold H. Fuhrman of Milwaukee.

For the defendant city of Milwaukee there were briefs by Walter J. Mattison, city attorney, Richard F. Maruszewski and John F. Cook, assistant city attorneys, attorneys, and Harry G. Slater, deputy city attorney, of counsel, and oral argument by Mr. Maruszewski, Mr. Cook, and Mr. Slater.

For the defendants town of Granville and Joseph F. Shaughnessy, town clerk, there was a brief and oral argument by William C. Dineen of Milwaukee.

For the defendants Joint Union High School District of the town of Granville and village of Brown Deer and W. C. Whitten there were briefs by von Briesen & Redmond, attorneys, and George F. Redmond of counsel, all of Milwaukee, and oral argument by George F. Redmond.


WINGERT, J.

On the principal questions presented, we conclude that the trial court was right in overruling Milwaukee's demurrers to the amended complaint of Brown Deer and the cross complaint of Sewell, but erred in sustaining Milwaukee's demurrer to the cross complaint of the high-school district and Whitten and erred in denying permission to Milwaukee to plead over to certain of the causes of action stated in Brown Deer's amended complaint.

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