Legal Opinion

Baxter v. State

Wisconsin Supreme Court

Decided June 15, 1863PublishedCited by 7 opinions

This was an action commenced in the supreme court to re cover a balance alleged to be due the plaintiff on a contract with the territory of Wisconsin, for certain work upon the Capitol and materials furnished therefor. Former decisions in the cause are reported in 9 Wis., 88 ; 10 id., 454; 16 id., 488 ; where the facts will be found more fully stated.

1Opinion of the Court

By the Court,

Paine, J.

The state moves for judgment, deeming the case fully disposed of by the decisions already made in it. The plaintiff, by new counsel, resisted the motion, though only upon grounds which had been fully discussed and passed upon before.

*589After we bad announced our conclusion that the state might plead the statute of limitations, upon a motion for rehearing it was urged, that although the state might avail itself of that plea, still it appeared in this case that the plea was not good, for the reason that the cause of action did not accrue until the plaintiff presented his…

2Cited by7 opinions

  1. Barry v. MinahanWisconsin Supreme Court · 1906
  2. Schriber v. Town of RichmondWisconsin Supreme Court · 1888
  3. Tucker v. LovejoyWisconsin Supreme Court · 1888
  4. Lord v. Milwaukee & M. R.U.S. Circuit Court for the District of Wisconsin · 1863
  5. Robson v. Commissioner of State Land OfficeMichigan Supreme Court · 1907

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