Whitcomb v. Keator
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clark County. Two causes of action are stated in the complaint: one for the wrongful cutting and conversion of pine timber in 1870' and 1871; and the other for a similar tort committed at some time between December 1,1874, and April 1,1880, the' precise time of which the plaintiff cannot state. The-answer,. among other things, alleges that the first cause of action did not accrue within six years.
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APPEAL from the Circuit Court for Clark County. Two causes of action are stated in the complaint: one for the wrongful cutting and conversion of pine timber in 1870' and 1871; and the other for a similar tort committed at some time between December 1,1874, and April 1,1880, the' precise time of which the plaintiff cannot state. The-answer,. among other things, alleges that the first cause of action did not accrue within six years. Under a stipulation of the parties, the jury returned a special verdict answering certain questions, .including the amount of timber cut, and the court found the…
1Opinion of the Court
Cole, O. J.
The first cause of action accrued prior to the adoption of the Revision of 1878; therefore the statute of limitations which is applicable to that transaction is sec. 28, ch. 138, 2 Tay. Stats. See sec. 4984, R. S. 1878. By sec. 28 it is enacted: “If, when the cause of action shall accrue against any person, he shall be out of this state, such action may be commenced within the terms herein respectively limited, after the return of such person into this state. But *611the foregoing provision shall not apply to any case where, at the time the cause of action shall accrue, neither the…
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