Legal Opinion

Northwestern Motor Car, Inc. v. Pope

Wisconsin Supreme Court

Decided June 2, 1971No. 29PublishedCited by 49 opinions

1Opinion of the CourtWilkie, J.

The sole issue presented on this appeal is whether the trial court was correct in overruling defendant’s demurrer.

This court has repeatedly held (as the trial court noted) :

“When a complaint is challenged by demurrer as not stating a cause of action, we adhere to the rule that it is to be liberally construed with a view to substantial justice to the parties, and it is entitled to all reasonable inferences to support the complaint which can be drawn from the facts pleaded. Secs. 263.07 and 263.27, Stats.; Wulf v. Rebbun (1964), 25 Wis. 2d 499, 502, 131 N. W. 2d 303.”

The trial court then stated:

2Cases cited3 opinions

  1. D'ANGELO v. Cornell Paperboard Products Co.Wisconsin Supreme Court · 1963
  2. Wulf v. RebbunWisconsin Supreme Court · 1964
  3. Kelly v. MohrhusenWisconsin Supreme Court · 1971

3Cited by49 opinions

  1. Wassenaar v. PanosWisconsin Supreme Court · 1983
  2. Brew City Redevelopment Group, LLC v. Ferchill GroupCourt of Appeals of Wisconsin · 2006
  3. State Farm Mutual Automobile Insurance v. Ford Motor Co.Wisconsin Supreme Court · 1999
  4. Matthews v. Wisconsin Energy Corp., Inc.Court of Appeals for the Seventh Circuit · 2011
  5. Matthews v. Wisconsin Energy Corp. Inc.Court of Appeals for the Seventh Circuit · 2008

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