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STATE EX REL. KURKIEREWICZ v. CANNON

No. 185.

42 Wis.2d 368 (1969)

166 N.W.2d 255

STATE EX REL. KURKIEREWICZ, Respondent, v. CANNON, District Attorney, Appellant.

Supreme Court of Wisconsin.

Decided April 4, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Robert P. Russell, corporation counsel of Milwaukee county, and James J. O'Donnell, deputy corporation counsel, and oral argument by Mr. O'Donnell.

For the respondent there was a brief and oral argument by Ross R. Kinney of Milwaukee.

HEFFERNAN, J.

The defendant, district attorney, moved to quash the alternative writ. It is conceded by the parties to this action that a motion to quash the writ is deemed a demurrer and admits the facts appearing in the petition. Sec. 293.01, Stats.; State ex rel. Nelson v. Henry (1934), 216 Wis. 80, 256 N. W. 714; Walter Laev, Inc. v. Karns (1968), 40 Wis.2d 114, 161 N.W.2d 227

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