Longwell v. Mierow
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit ctíurt for Monroe county: J. J. Fruit, Circuit Judge. Action to recover on contract. Henry C. Mierow filed a claim in tbe county court of Monroe county against tbe estate of bis father, Henry Mierow, wbicb was in process of settlement.
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Appeal from a judgment of tbe circuit ctíurt for Monroe county: J. J. Fruit, Circuit Judge. Action to recover on contract. Henry C. Mierow filed a claim in tbe county court of Monroe county against tbe estate of bis father, Henry Mierow, wbicb was in process of settlement. There were two items in such claim, viz., $900 for three years’ work performed for tbe deceased, commencing in 1872 and ending in 1875, and $5,100 for seventeen years’ work, commencing in 1878 and ending in 1895. Tbe decision in tbe county court was in favor of tbe plaintiff and due appeal was taken therefrom by tbe adverse…
1Opinion of the CourtMarshall, J.
The claim as presented to the county court and to the circuit court did not contain any statement of the agreement out of which it originated, yet such claim included enough to suggest that it was based on an agreement of some sort and that the right thereunder was not barred by the statute of limitations. In view of this and the liberal rules in respect to such matters in county courts and the treatment of the filed claim as a complaint on appeal to the circuit c'ourt, we are constrained to hold that 'the failure to state therein facts showing expressly a cause of action which accrued within…
2Cases cited4 opinions
- Estate of KesslerWisconsin Supreme Court · 1894
- Tyler v. BurringtonWisconsin Supreme Court · 1876
- Gates v. PaulWisconsin Supreme Court · 1903
- Leitgabel v. BeltWisconsin Supreme Court · 1900
3Cited by4 opinions
- Taylor v. ThiemanWisconsin Supreme Court · 1907
- State Ex Rel. Paramount Publix Corp. v. District CourtMontana Supreme Court · 1931
- Palmer v. SchultzWisconsin Supreme Court · 1909
- Dyer v. McKinleyWisconsin Supreme Court · 1958