Whereatt v. Worth
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. Action to recover on an appeal bond. A good cause of' action was stated against Jl. O. Ellis,, John J. Worth, and others who were made defendants, and tbe right to recover-thereon was good but for the statute limiting the time for the commencement of the action.
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Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. Action to recover on an appeal bond. A good cause of' action was stated against Jl. O. Ellis,, John J. Worth, and others who were made defendants, and tbe right to recover-thereon was good but for the statute limiting the time for the commencement of the action. The defendants- above named separately demurred on the ground that the action was not commenced within the time limited by law, but did not, in the demurrers, refer to the particular statute upon which they relied, other than as the…
1Opinion of the CourtMaRshall, J.
Appellants’ counsel contend, first, that the proper statute of limitations was sufficiently pleaded by the demurrers; second, that the court erred in refusing to permit the demurrers to be amended by referring to the section of the statutes relied, upon. Some other points are suggested in counsel’s brief, but they are not considered of sufficient importance to warrant discussing them in this opinion.
1. The first contention cannot be sustained. The statutes governing the subject are very plain. Subd. 7, sec. 2649, Stats. 1898, says that a defendant may demur to the complaint upon the ground…
2Cases cited21 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Bell v. MorrisonSupreme Court of the United States · 1828
- McCluny v. SillimanSupreme Court of the United States · 1830
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
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