MILWAUKEE COUNTY v. SCHMIDT, GARDEN & ERIKSON

No. 340.

43 Wis.2d 445 (1969)

168 N.W.2d 559

MILWAUKEE COUNTY, Appellant, v. SCHMIDT, GARDEN & ERIKSON and others, Respondents.

Supreme Court of Wisconsin.

Decided June 27, 1969.


Attorney(s) appearing for the Case

For the appellant there were briefs by Robert P. Russell, corporation counsel, and James J. Bonifas, deputy corporation counsel, and oral argument by Mr. Bonifas.

For the respondents there was a brief by Niebler & Herro, attorneys, and Chester J. Niebler of counsel, all of Menomonee Falls, and oral argument by Chester J. Niebler.


WILKIE, J.

This appeal turns on the answer to a single question: On March 18, 1959, six years prior to the commencement of this action, had the statute of limitations started to run on such action against the plaintiff?

The trial court correctly saw this as the lone issue in this controversy and in holding that sec. 893.19 (5), Stats., rather than sec. 893.19 (3), applied in this matter, the trial court necessarily concluded that the cause of action was not...

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