Gouger v. Hardtke

I respectfully dissent from the majority opinion because the majority has improperly used the pleadings in this case. The majority incorrectly compares the pleadings with defendant Hardtke's affidavit.1 Formerly, pleadings were made under oath, sworn to by litigants, and stated evidentiary or ultimate facts.2 Section 802.02, Stats., however, did away with ultimate fact pleadings and the practice changed to notice pleadings in 1976.3 Since that time the law has required pleadings to contain "a short and plain statement of the claim, identifying the transaction, occurrence or event out of which…