Waukesha County Department of Social Services v. Loper

The issue is whether the amended complaints state sufficient facts to constitute a cause of action.

This court has consistently stated that when challenged by demurrer the complaint must be liberally construed in favor of the pleading. In London & Lancashire Indemnity Co. v. American State Bank (1943), 244 Wis. 203, 207, 12 N. W. 2d 133, we repeated the rule, using this language :

“ ‘Contrary to the common-law rule, every reasonable intendment and presumption is to be made in favor of the pleading, and it will not be set aside on demurrer unless it be so fatally defective, that, taking all the…