Drefahl v. Connell
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. The complaint alleges, in effect, that during all the time from April 15,1891, to May 3,1892, the defendant held the offices of one of tbe superintendents of tbe poor of tbe county of Milwaukee, and superintendent of tbe county hospital of said county; that during all said time tbe plaintiff was lawfully an inmate of said hospital; that be was afflicted with a disease affecting his legs; that during all of said time it was…
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APPEAL from the Superior Court of Milwaukee County. The complaint alleges, in effect, that during all the time from April 15,1891, to May 3,1892, the defendant held the offices of one of tbe superintendents of tbe poor of tbe county of Milwaukee, and superintendent of tbe county hospital of said county; that during all said time tbe plaintiff was lawfully an inmate of said hospital; that be was afflicted with a disease affecting his legs; that during all of said time it was the duty of said defendant, as such superintendent, to furnish to the plaintiff, as such inmate, a physician of…
1Opinion of the CourtCassoday, J.
A demurrer to a complaint for insufficiency can only be sustained when the complaint fails to state any cause of action whatever. Moritz v. Splitt, 55 Wis. 443. Where, as here, a complaint states a good and complete cause of action as to certain failures of duty on the part of the defendant, such general demurrer will not be sustained merely because the complaint attempts, but fails, to state other failures of duty on the part of the defendant. Bronson v. Markey, 53 Wis. 98; Plainfield v. Plainfield, 67 Wis. 526. This is not an action for the breach of contract. The theory of the complaint is…
2Cases cited3 opinions
- Moritz v. SplittWisconsin Supreme Court · 1882
- Bronson v. MarkeyWisconsin Supreme Court · 1881
- Town of Plainfield v. Village of PlainfieldWisconsin Supreme Court · 1886
3Cited by3 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Kent v. WhitakerWashington Supreme Court · 1961
- Larson v. WatzkeWisconsin Supreme Court · 1935