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JOHNSON v. BAR-MOUR, INC.

27 Wis.2d 271 (1965)

JOHNSON and wife, Plaintiffs and Appellants, v. BAR-MOUR, INC., d/b/a STERLINGWORTH HOTEL, Defendant: O'DONELL, Defendant and Respondent.

Supreme Court of Wisconsin.

March 30, 1965.

Attorney(s) appearing for the Case

For the appellants there was a brief by Habush, Gillick & Habush, and oral argument by Howard A. Davis, all of Milwaukee.

For the respondent there was a brief by Foley, Capwell, Foley & Kolbe of Racine, and oral argument by Rex Capwell.

GORDON, J.

To avoid the impact of the statute of limitations, the plaintiffs have urged that their amended complaint should relate back to the date of their original complaint.

The original complaint was served on a date beyond the two-year limitations period prescribed for an assault action in sec. 330.21 (2), Stats. When confronted with a demurrer to the original complaint, the plaintiffs amended their claim so...

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