Dillon v. Linder
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. Action commenced in February, 1874, by a married woman, to recover under ch. 127, Laws of 1872, for injuries alleged to have been suffered by her in consequence of the sale of intoxicating drinks by defendant to her husband.
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APPEAL from the Circuit Court for Marathon County. Action commenced in February, 1874, by a married woman, to recover under ch. 127, Laws of 1872, for injuries alleged to have been suffered by her in consequence of the sale of intoxicating drinks by defendant to her husband. At the trial, in April, 1874, defendant objected to the admission of any testimony under the complaint, upon the ground that the action had abated by the repeal of the statute under which it was brought, and because the complaint did not state facts sufficient to constitute a cause of action. The court overruled this…
1Opinion of the CourtRyan, C. J.
The distinction between this action, brought under ch. 127 of 1872, and the action authorized by ch. 179 of 1874, is too broad and clear for discussion. This case must stand or fall under the former statute.
The act of 1872 was repealed by the act of 1874, before the trial of the issue in this case. And the controlling question on this appeal is, whether the action survived the repeal of the statute which gave it.
It is hardly necessary to observe that the right of action in the case was entirely created by the statute: had no existence at the common law, or under any other statute. Outside of…
2Cases cited2 opinions
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Pratt v. BrownWisconsin Supreme Court · 1854
3Cited by32 opinions
- Garcia v. HargroveWisconsin Supreme Court · 1970
- Duffies v. DuffiesWisconsin Supreme Court · 1890
- Daniels v. City of RacineWisconsin Supreme Court · 1898
- Firemen's Insurance v. Washburn CountyWisconsin Supreme Court · 1957
- McLimans v. City of LancasterWisconsin Supreme Court · 1885
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