Legal Opinion

Barrett v. Pepoon

Wisconsin Supreme Court

Decided March 5, 1963PublishedCited by 3 opinions

1Opinion of the CourtGordon, J.

The complaint alleges the existence of a void judgment in favor of Mr. Pepoon. Paragraph three of the complaint recites the basis upon which the plaintiff Barrett contends that the judgment in favor of Pepoon is void.

Our scrutiny of the complaint convinces us that a cause of action is not alleged. In paragraph 3 of the complaint the plaintiff avers that the judgment was entered against Barrett “without authority of law.” This is a conclusion of law which a demurrer does not admit. Reque v. Milwaukee & S. T. Corp. (1959), 7 Wis. (2d) 111, 95 N. W. (2d) 752; Zache v. West Bend (1954), 268 Wis.…

2Cases cited7 opinions

  1. Pipkorn v. Village of Brown DeerWisconsin Supreme Court · 1960
  2. Reque v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1959
  3. R. B. General Trucking, Inc. v. Auto Parts & Service, Inc.Wisconsin Supreme Court · 1958
  4. Hoard v. GilbertWisconsin Supreme Court · 1931
  5. Handy v. Holland Furnace Co.Wisconsin Supreme Court · 1960

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Patton v. Newmar Corp.Supreme Court of Minnesota · 1995
  2. Lamb v. ManningCourt of Appeals of Wisconsin · 1988
  3. Automatic Merchandising Corp. v. NusbaumWisconsin Supreme Court · 1973

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