Tucker v. Lovejoy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: This is an appeal from an order of the circuit court sustaining a demurrer to the plaintiff’s complaint.
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APPEAL from the Circuit Court for Bode County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: This is an appeal from an order of the circuit court sustaining a demurrer to the plaintiff’s complaint. The following is a copy of the complaint so far as is necessary to determine the question whether the demurrer was well taken: “ And now comes the plaintiff above named, by Henry L. Buxton, his attorney, and complains and alleges (1) that betwmen the 1st day of September, 1873, and the 1st day of December, 1873, this plaintiff and one Eric…
1Opinion of the CourtTaylor, J.
The demurrer was sustained by the court below because it appears on the face of the complaint that the cause of action stated in the complaint accrued more than six years before the commencement of the action. It is claimed by the learned counsel for the respondent that it appears on the face of the complaint that the cause of action stated in the complaint accrued as early as the 1st day of December, 1873, and it also appears on the face of said complaint that the action was not commenced until after the 8th day of May, 1884, eleven years after the same accrued. We think that, considering…
2Cases cited15 opinions
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Howell v. HowellWisconsin Supreme Court · 1861
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Feiten v. City of MilwaukeeWisconsin Supreme Court · 1879
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3Cited by1 opinion
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903