Smith v. City of Janesville
Wisconsin Supreme Court
APPEAL from the Circuit Court for Roch County. Action to recover the sums paid for three tax certificates issued by the defendant city, and interest thereon, which certificates and the deeds issued pursuant thereto were afterwards adjudged void by this court. This appeal is taken by the defendant city from an order of the circuit court overruling a demurrer to the complaint.
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APPEAL from the Circuit Court for Roch County. Action to recover the sums paid for three tax certificates issued by the defendant city, and interest thereon, which certificates and the deeds issued pursuant thereto were afterwards adjudged void by this court. This appeal is taken by the defendant city from an order of the circuit court overruling a demurrer to the complaint. The grounds of demurrer assigned are: (1) That the complaint does not state facts sufficient to constitute.a cause of action; and (2) that the action was not commenced within the time limited by law. The complaint shows…
1Opinion of the CourtLyon, J.
On the argument of this cause but two objections were made to the sufficiency of the complaint. These are: (1) It does not aver that the defendant is a corporation. (2) It appears on the face thereof that the action is barred by the statute of limitations.
1. The first objection is founded upon section 3205, E. S., which provides that “in an action by or against a corporation, the complaint must aver that the plaintiff or defendant, as the case may be, is a corporation.” The courts of this state take judicial notice of the fact that the defendant city is a corporation created by the laws of…
2Cases cited1 opinion
- Zægel v. KusterWisconsin Supreme Court · 1881
3Cited by10 opinions
- Dalrymple v. City of MilwaukeeWisconsin Supreme Court · 1881
- Columbia Savings & Loan Ass'n v. ClauseWyoming Supreme Court · 1904
- Dolan v. BaldridgeWashington Supreme Court · 1931
- Young v. Juneau CountyWisconsin Supreme Court · 1927
- United States Fidelity & Guaranty Co. v. ParkerWyoming Supreme Court · 1912
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