Gottlieb v. City of Milwaukee

This- court takes the position that the constitutionality of a statute may be raised by a general demurrer when the complaint alleges that the statute upon which the defendant bases his conduct is unconstitutional (Bonnettv. Vallier (1908), 136 Wis. 193, 116 N. W. 885; State ex rel. Week v. State Board of Examiners (1947), 252 Wis. 32, 34, 30 N. W. (2d) 187), or when the demurring defendant contends that the plaintiff grounds his cause of action on an unconstitutional statute (State v. Texaco (1961), 14 Wis. (2d) 625, 631, 111 N. W. (2d) 918; Ocean Accident & Guarantee Cory. v. Poulsen…