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HICKS v. MILWAUKEE COUNTY

No. 70 (1974).

71 Wis.2d 401 (1976)

288 N.W.2d 509

HICKS, on behalf of himself and all others similarly situated, Respondent, v. MILWAUKEE COUNTY, Appellant.

Supreme Court of Wisconsin.

Decided February 19, 1976.

Attorney(s) appearing for the Case

For the appellant there was a brief by Robert P. Russell, corporation counsel, and James J. Bonifas, deputy corporation counsel, both of Milwaukee.

For the respondent there was a brief by Leah M. Lampone and Silverstein, Hausmann & McNally of Milwaukee.

WILKIE, C. J.

Two issues are presented on this appeal. First, does the complaint state a cause of action against the county to recover excessive amounts charged to the plaintiff's account while he was confined in the county jail under the Huber law? The complaint does not state a cause of action in counts 1 and 2 but does in count 3. Second, is there a defect of parties-plaintiff, in that this action may not be maintained as a class action? There is a defect as to...

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