Lockhart v. Fessenich
Wisconsin Supreme Court
APPEAL from the Circuit Court for Door County. The facts sufficiently appear from the opinion. There was a verdict for the plaintiff for $57.04, and from the judgment entered thereon the defendant appealed.
1Opinion of the CourtCole, C. J.
The answer in this case does not set up the statute of limitations as a defense to the claim of the plaintiff or any part of it. Any discussion, therefore, as to whether or not the statute did bar any of the items in the plaintiff’s account which were due more than six years prior to the alleged settlement in December, 1881, is quite foreign to the case, for no such defense is made or set up in the answer, as it surely must be in order to be available. It is suggested on the brief of defendant’s counsel that inasmuch ás this court has held that the statute of limitations not merely bars the…
2Cases cited3 opinions
- Brown v. ParkerWisconsin Supreme Court · 1871
- Pierce v. SeymourWisconsin Supreme Court · 1881
- Carpenter v. StateWisconsin Supreme Court · 1876
3Cited by3 opinions
- Malloy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Watson v. City of AppletonWisconsin Supreme Court · 1885
- United States Express Co. v. JenkinsWisconsin Supreme Court · 1889