WAUKESHA COUNTY DEPT. OF SOCIAL SERV. v. LOPER

No. 276.

53 Wis.2d 713 (1972)

193 N.W.2d 679

WAUKESHA COUNTY DEPARTMENT OF SOCIAL SERVICES and another, Respondents, v. LOPER, Individually and as Executor, and others, Appellants.

Supreme Court of Wisconsin.

Decided February 1, 1972.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by Jack V. Silbar of Menomonee Falls.

For the respondent Waukesha County Department of Social Services there was a brief by Willis J. Zick, corporation counsel, and oral argument by August E. Fabyan, Jr., assistant corporation counsel.

For the respondent Lakeview Hospital there was a brief by Cook & Franke, S. C., and Robert L. Elliott, all of Milwaukee.


BEILFUSS, J.

The issue is whether the amended complaints state sufficient facts to constitute a cause of action.

This court has consistently stated that when challenged by demurrer the complaint must be liberally construed in favor of the pleading. In London & Lancashire Indemnity Co. v. American State Bank (1943), 244 Wis. 203, 207, 12 N.W.2d 133, we repeated the rule, using this language:

"`Contrary to the common-law rule, every reasonable...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases