WAUKESHA MEMORIAL HOSPITAL v. BAIRD

No. 57.

45 Wis.2d 629 (1970)

173 N.W.2d 700

WAUKESHA MEMORIAL HOSPITAL, INC., and others, Plaintiffs and Respondents, v. BAIRD, Sheriff of Waukesha County, and others, Defendants: KENNELLY, Commanding Officer, Wisconsin State Patrol, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided February 3, 1970.


Attorney(s) appearing for the Case

For the appellant the cause was argued by Sverre O. Tinglum, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

For the respondents there was a brief by Lowry, Hunter & Tikalsky, and oral argument by Thomas E. Anderson, all of Waukesha.


HEFFERNAN, J.

When there is a demurrer to a complaint for a declaratory judgment, the question presented initially is not whether the complaint so states a meritorious cause of action that the plaintiffs should prevail on the merits if, in fact, the facts alleged are true, but rather it poses the question of whether the controversy is one which should be considered and heard on the merits. An order overruling the demurrer and holding that a proper cause of action...

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