Draeger v. John Lubotsky Motor Sales, Inc.
Wisconsin Supreme Court
1Opinion of the CourtHanley, J.
The sole issue on this appeal is whether the trial court erred in sustaining defendants’ demurrers to the amended complaint on the ground that it did not state a cause of action for punitive damages.
It has long been established in Wisconsin that:
“ . . A. prayer for relief is no substantive part of a complaint and the fact that the plaintiff “asks for more relief than that which his pleaded facts entitle him to have is not reached by demurrer.” ’ ” Northwestern Motor Car, Inc. v. Pope (1971), 51 Wis. 2d 292, 295, 187 N. W. 2d 200, quoting from D’Angelo v. Cornell Paperboard Products Co.…
2Cases cited5 opinions
- Northwestern Motor Car, Inc. v. PopeWisconsin Supreme Court · 1971
- D'ANGELO v. Cornell Paperboard Products Co.Wisconsin Supreme Court · 1963
- Trade Press Publishing Co. v. Milwaukee Typographical Union No. 23Wisconsin Supreme Court · 1923
- Hertz Corp. v. Red Rooster Cheese Co.Wisconsin Supreme Court · 1972
- Klauser v. ReevesWisconsin Supreme Court · 1937
3Cited by6 opinions
- Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
- Drake v. Wham-O Manufacturing CompanyDistrict Court, E.D. Wisconsin · 1974
- Theune v. City of SheboyganWisconsin Supreme Court · 1973
- Schmitt v. OsborneWisconsin Supreme Court · 1977
- Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
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