Burnham v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. The appeal is from an order overruling several demurrers to the complaint.
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Appeal from an order of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. The appeal is from an order overruling several demurrers to the complaint. They contended, inter alia, that the city was not liable to plaintiff for damages for interference with his basement under the sidewalk,- especially where it was not charged with notice of its existence, citing Jennings v. Johonnott, 149 Wis. 660, 135 N. W. 170; Milwaukee-Western F. Go.'v. Milwaukee, 152 Wis. 247, 260, 139 N. W. 540; Sanderson ¶. Herman, 108 Wis. 662, 84 N. W. 890, 85 N.’W. 141; DesJiong p. New York, 74 App.…
1Opinion of the CourtTimliN, J.
The complaint purports to state one cause of action. Defendant’s counsel has discovered therein five ineffective attempts to state five causes of action and has interposed a combination of answer and five demurrers in one instrument. This mode of pleading- is irregular and should have been stricken out by the trial court, but that court proceeded to rule on the demurrers and we do also. The only pleading on the part of the defendant is either a demurrer or an answer, not both. Sec. 2648, Stats. If, as claimed by respondent’s counsel, the complaint states but one cause of action, the nature of…
2Cases cited3 opinions
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Kuehn v. City of MilwaukeeWisconsin Supreme Court · 1896
- Sampson v. City of BostonMassachusetts Supreme Judicial Court · 1894
3Cited by5 opinions
- McIntyre v. CarrollWisconsin Supreme Court · 1927
- Ernest v. SchmidtWisconsin Supreme Court · 1929
- Warden v. HartWisconsin Supreme Court · 1916
- Tom O. Mason Co. v. LindquistWisconsin Supreme Court · 1929
- Zander v. Columbus Foods Corp.Wisconsin Supreme Court · 1946