Johnson v. County of Crawford

I reluctantly conclude that § 893.13(2), STATS., applies only to appeals. Section 893.35, Stats., 1977, which applied only to appeals, was repealed and re-created by Laws of 1979, ch. 323, §28 as §893.13(2). There is no suggestion that the legislature intended to create a general tolling stat*385ute.1 This act revised and consolidated claim procedures. It appears that the effect of dismissing an action upon the tolling of a statute of limitations is governed by the common law.

The Wisconsin cases hold that if an action is dismissed without prejudice, the parties are placed in the same position…