Dehnel v. Komrow
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Marathon County. The action was commenced before the police justice of the city of Wausau. The pleadings were oral, and were entered by the justice in his docket, as follows: “ Plaintiff complains for money had and received by the defendant, from the plaintiff, and interest thereon, for balance due him, to the amount of two hundred and thirty dollars, and asks judgment for two hundred dollars, with costs of action.
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APPEAL from tbe Circuit Court for Marathon County. The action was commenced before the police justice of the city of Wausau. The pleadings were oral, and were entered by the justice in his docket, as follows: “ Plaintiff complains for money had and received by the defendant, from the plaintiff, and interest thereon, for balance due him, to the amount of two hundred and thirty dollars, and asks judgment for two hundred dollars, with costs of action. Defendant denies the allegations of the complaint.” A trial before the justice'resulted in a judgment for the plaintiff, from which the defendant…
1Opinion of the CourtLyon, J.
This appeal presents but two questions for determination: 1. Does the complaint state a cause of action ? and 2. Ought, the judgment to be reversed because the court refused to allow the defendant, by amendment of his answer, to interpose the defense of the statute of limitations ?
The first question must be resolved in the affirmative. A person of common understanding may know from the complaint that the plaintiff’s claim in the action is for money loaned by him to the defendant, and for interest thereon. (Tay. Stats., 1362, § 51, subd. 5.) The omission of the date of the loan does not go to…
2Cases cited2 opinions
- Cleveland v. HarrisonWisconsin Supreme Court · 1862
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1872
3Cited by2 opinions
- Morgan v. BishopWisconsin Supreme Court · 1884
- Smith v. DragertWisconsin Supreme Court · 1884