O'Dell v. Burnham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwauhee County. The following statement of the facts alleged in the amended complaint was prepared by Mr. Justice Cassoday: April 9,1874, the plaintiff was the owner in fee and in possession of about twenty-nine acres of land, worth $30,000. She obtained her title to nineteen 52-100 acres of the same by a deed dated December 2, 1870, from George Burnham, and to nine 361-1000 acres of the same by a deed dated July-10, 1871, from Burnham,…
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APPEAL from the Circuit Court for Milwauhee County. The following statement of the facts alleged in the amended complaint was prepared by Mr. Justice Cassoday: April 9,1874, the plaintiff was the owner in fee and in possession of about twenty-nine acres of land, worth $30,000. She obtained her title to nineteen 52-100 acres of the same by a deed dated December 2, 1870, from George Burnham, and to nine 361-1000 acres of the same by a deed dated July-10, 1871, from Burnham, Eogers, and Becher. This property was clear of all incumbrances, except two mortgages to William E. Cramer, and was in the…
1Opinion of the CourtCassoday, J.
To hold, on demurrer to a complaint under subd. 7, sec. 2649, E. S., that the action was not commenced within the time limited by law, it must “appear upon the face” of the complaint when the cause of action accrued (sec. 4219), and also that it was not commenced within the time limited. This being so, the return of the officer as to the time of serving the summons cannot be resorted to on such demurrer for the purpose of fixing the time when the action was commenced. But where the complaint alleges that an act was done on a certain day, it must be presumed that the action was not commenced…
2Cases cited7 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Kane v. BloodgoodNew York Court of Chancery · 1823
- McMahon v. McGrawWisconsin Supreme Court · 1870
- O'Dell v. RogersWisconsin Supreme Court · 1878
- App v. DreisbachSupreme Court of Pennsylvania · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Marian Hutter Owen v. Herbert Wangerin, Mary Wangerin, Dave ThompsonCourt of Appeals for the Seventh Circuit · 1993
- Gidney v. ChappellSupreme Court of Oklahoma · 1910
- Koehler v. HaechlerWisconsin Supreme Court · 1965
- Guardianship of ReeveWisconsin Supreme Court · 1922
- Cahill v. Ernst & ErnstDistrict Court, E.D. Wisconsin · 1978
22 more not listed; retrieve them via the Exa API.