Don Ganser & Associates, Inc. v. MHI, Inc.

The second amended cross complaint contains substantially the same allegations as the amended cross complaint. This being so the trial court was of the opinion that the order overruling the demurrer to the first amended cross complaint was res judicata as to the demurrer to the second amended cross complaint. The *216respondent, Carmen, concedes that the order sustaining a demurrer is not res judicata as to the same questions raised by a subsequent demurrer.

In United States Fidelity & Guaranty Co. v. Pullen (1939), 230 Wis. 137, 283 N. W. 462, the court held, at p. 141:

“The trial court concluded,…