Carpenter v. State
Wisconsin Supreme Court
This action was brought in tbe supreme court in April, 1875, and a decision of tbe court sustaining a demurrer to tbe original complaint will be found reported in 39 "Wis., 271-285. After that decision, plaintiff amended bis complaint so as to allege, (1) Tbe malting of a contract in November, 1858, pursuant to cb. 114, Laws of 1858, by tbe commissioners of printing witb one Eoss, for printing and materials to be furnished tbe state during tbe years 1859 and 1860. (2) Tbe…
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This action was brought in tbe supreme court in April, 1875, and a decision of tbe court sustaining a demurrer to tbe original complaint will be found reported in 39 "Wis., 271-285. After that decision, plaintiff amended bis complaint so as to allege, (1) Tbe malting of a contract in November, 1858, pursuant to cb. 114, Laws of 1858, by tbe commissioners of printing witb one Eoss, for printing and materials to be furnished tbe state during tbe years 1859 and 1860. (2) Tbe assignment of such contract by Eoss to plaintiff. (3) That plaintiff “ duly performed all conditions thereof on his part,”…
1Opinion of the CourtColb, J.
Since the decision reported in 39 Wis., 271, the plaintiff has amended his complaint, and now proceeds upon the original contract. He alleges that he “ duly performed all the conditions ” of the contract on his part to be performed, and “ that the same were fully completed on the 31st day of December, 1860,” on which day he became entitled to receive *41from tbe state a large sum of money, etc. To avoid the effect of the statute of limitations, chapter 323, Laws of 1874, and chapter 269, Laws of 1875, are referred to as showing an acknowledgment of the indebtedness on the part of the state and a…
2Cases cited4 opinions
- Brown v. ParkerWisconsin Supreme Court · 1871
- Carpenter v. StateWisconsin Supreme Court · 1876
- Pritchard v. HowellWisconsin Supreme Court · 1853
- Baxter v. StateWisconsin Supreme Court · 1860
3Cited by6 opinions
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- New York Life Insurance v. StateWisconsin Supreme Court · 1927
- Pierce v. SeymourWisconsin Supreme Court · 1881
- Lockhart v. FessenichWisconsin Supreme Court · 1883
- Kurt Van Engel Comm'n Co., Inc. v. ZingaleCourt of Appeals of Wisconsin · 2005
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