State ex rel. Green Bay Gas & Electric Co. v. Minahan Building Co.
Wisconsin Supreme Court
Appeau from an order of the circuit court for Brown county: S. I). HastiNgs, Circuit Judge. This is an appeal from an order sustaining a demurrer to the complaint for want of facts sufficient to constitute a cause of action.
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Appeau from an order of the circuit court for Brown county: S. I). HastiNgs, Circuit Judge. This is an appeal from an order sustaining a demurrer to the complaint for want of facts sufficient to constitute a cause of action. The complaint alleges substantially that the relator is a public utility corporation duly organized under the laws of Wisconsin and owning and-operating a gas, electric light, and power plant, having its principal office in Crean Bay, Wisconsin, and engaged in the business of furnishing gas and electric current for lighting, power, and other purposes to the city of Green…
1Dissent 1
By the Gourt. — Order appealed from is affirmed.
2Dissent · MarshallMarshall, J.
The complaint should be viewed in the light of that liberal rule, so- beneficial in the administration of justice, and which distinguishes our Code system from that of the common law with its multitude of obstructing technicalities. By such rule, if the complaint “in any portion of it, or to any extent, presents facts sufficient to constitute a cause of action, or if a good cause of action can be gathered from it, it will stand, however inartificially these facts may be presented, or however defective, uncertain, or redundant may be the mode of…
3Cases cited9 opinions
- Emerson v. NashWisconsin Supreme Court · 1905
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Morse v. GilmanWisconsin Supreme Court · 1863
- Cawker v. City of MilwaukeeWisconsin Supreme Court · 1907
- Klipstein v. RascheinWisconsin Supreme Court · 1903
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