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SCHIER v. DENNY

9 Wis.2d 340 (1960)

SCHIER, Respondent, v. DENNY, Appellant.

Supreme Court of Wisconsin.

February 2, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John F. Friedl of Wauwatosa.

For the respondent there was a brief by Wiernick & Zurlo, attorneys, and Clinton A. Boone, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Boone.

BROWN, J.

Sec. 263.27, Stats., provides:

"263.27 PLEADINGS LIBERALLY CONSTRUED. In the construction of a pleading for the purpose of determining its effect its allegations shall be liberally construed, with a view to substantial justice between the parties."

The elements necessary to sustain an action for malicious prosecution were authoritatively stated in Elmer v. Chicago & N. W. R. Co. (1950), 257 Wis. 228

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