Armes v. Kenosha County

The principal issue on appeal is whether under sec. 59.76, Stats. 1 a claimant may commence an action against the county more than six months after the actual disallowance of the claim by the county board but within six months after the adjournment of the next annual session of the county board after the claim was filed. The trial court sustained a demurrer to the complaint on the ground that the amended complaint did not state a cause of action because the action was not commenced within the statutory period. We reverse.

The pertinent facts, as revealed in the complaint, amended complaint and…