Legal Opinion · Dissent

Jenkins v. Sabourin

Wisconsin Supreme Court

Decided November 3, 1981No. 80-624Published

1DissentShirley S. Abrahamson, J.

I dissent for two reasons: First, the cross-claim of Sabourin and Badger does not contain “a short and plain state*324ment of the claim, identifying the transaction, occurrence or event or series of transactions, occurrences, or events out of which the claim arises” as required by sec. 802.02(1), Stats. 1979-80. Accordingly I would vacate the decision of the court of appeals and would modify the order of the circuit court to grant Sabourin and Badger leave to replead. Second, even if I were to interpret the cross-claim as the majority does, I would conclude that the cross-claim states a claim…

2Cases cited17 opinions

  1. Reed v. the YakaSupreme Court of the United States · 1963
  2. Cudahy Packing Co. Of Nebraska v. ParramoreSupreme Court of the United States · 1924
  3. Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
  4. Morgan v. Pennsylvania General InsuranceWisconsin Supreme Court · 1979
  5. Duprey v. ShaneCalifornia Supreme Court · 1952

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