Smith v. Dragert

Wisconsin Supreme Court

Smith v. Dragert

18 N.W. 732, 60 Wis. 139, 1884 Wisc. LEXIS 89

CourtWisconsin Supreme Court

DecidedMarch 18, 1884

StatusPublished

Cited by2 cases

This text of 18 N.W. 732 (Smith v. Dragert) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Dragert, 18 N.W. 732, 60 Wis. 139, 1884 Wisc. LEXIS 89 (Wis. 1884).

Pincite

Opinion

Eton, J.

The answer alleges no facts upon which to base the defense of any statute of limitations. lienee, within the rule established in Morgan v. Bishop, 56 Wis., 284, and Paine v. Comstock, 57 Wis., 159, that defense is not available to the defendant. It was error, therefore, to reject the testimony offered by plaintiff to impeach the tax deeds under Avhich the defendant claims. Because such testimony was improperly rejected there must he another trial.

By the Court.— Judgment reversed, and cause remanded for a new trial.

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Eton, J.

The answer alleges no facts upon which to base the defense of any statute of limitations. lienee, within the rule established in Morgan v. Bishop, 56 Wis., 284, and Paine v. Comstock, 57 Wis., 159, that defense is not available to the defendant. It was error, therefore, to reject the testimony offered by plaintiff to impeach the tax deeds under Avhich the defendant claims. Because such testimony was improperly rejected there must he another trial.

By the Court.— Judgment reversed, and cause remanded for a new trial.

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Bluebook (online)

18 N.W. 732, 60 Wis. 139, 1884 Wisc. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-dragert-wis-1884.

Opinion

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