893.01 LIMITATIONS 474

LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS

893.02 Realty, se isin and possession - of .No action for the recovery of real property or thepossession thereof shall be maintained unless itappear that the plaintiff, his ancestor, predeces-sor or grantor was seized or possessed of thepremises in question within 20 years before thecommencement of such action.

893 .05 Presumption from legal title. Inevery action to recover real property or thepossession thereof the person establishing a legaltitle to the premises shall be presumed" to havebeen possessed thereof within the time requiredby law, and the occupation of such premises by

CHAPTER 893

89101 Civil actions; objection as to time of commencing89302 Realty, seisin and possession of .89303 Defense or counterclaim, when effectual .89304 Entry upon realty, when valid ..893 .05 Presumption from legal title ..89106 Presumption of adverse holding under conveyance or

judgment ..593 . 07 Adverse possession defined.893 .0'15 Adverse possession of mineral rights defined ..893 .08 Extent of possession not founded on w :iting, ,judg-

ment, etc.893,09 Adverse possession, what is..893,10 Action barred by adverse possession, when .893 .11 Tenant's possession that of landlord .893.12 What use not adverse.893 .13 Rights not impaired .893 1135 Limitation if disability exists; temporary .893 . 14 Actions, time for commencing.893 15 Action concerning real estate.893,155 Within 6 years; improvements to real property . .893 .16 Within 20 years. .893.17 Within 20 years, against railroads and utilities for

entry on lands .893.18 Within 10 years ..893181 Within 10 years .,893.19 Within 6 years; one year notice of damage by

railroad .893 .195 Within 5 years,.893 .20 Within 3 years.893 .205 Within 3 years.893,21 Within 2 years.893,215 Within 2 years.

NOTE: See the note prepared by the Judici al Council lo-cated at the end of this chapter containing indexes to s tatute soutside this chapter which Impose time restrictions on assert-ing a claim or cause of action and statutes outside this chapterwhich govern claim against governmental entities.

893.01 Civil actions; objection as to timeof commencing . Civil actions can only becommenced within the periods prescribed in thischapter, except when, in special cases, a differ-ent limitation is providedd by statute . But theobjection that the action was not commencedwithin the time limited can only be taken byanswer or motion to dismiss under s . 802 .06 (2)in proper cases .

History: Sup.. Ct. Order, 67 W (2d ) 770 .

If statute of limitations has run, the right as well as theremedy is extinguished; the claim no longer exists„ Schafer v .VJegner, 78 W (2d) 127, 254 NW (2d) 193 .

89322 Within one year.89323 Within 30 day s .893 . 235 Health car e p rov ide rs; minors action s..89324 Within 9 months.893245 Foreign cor poration, co nveyances, .89325 Actions upon accounts .893 .26 Other pe rsona l action s .893.27 - Defenses barred.89329 Bank bills not affected893 . 30 Limitation when person o ut o} ' st ate . .89131 Application to al i en enemy .89332 Effect of military exemption from civil process.89333 Persons under' disabi l i ty .89334 Limitation in ca se of death .893 .35 Appeal s ; if,judgment for defendant reversed, new ac-

tion for plaintiff.89336 When action stayed .89337 Disability893. . 38 More than one di sability.893. . .39 Action, when commenced .893,41 Presenting claims.893 .42 Acknowledgment or new p romise. .893 .43 Acknowledgment, who not bound by . .893,44 Actions aga i nst pa rties jointly liable.893 .46 Payment , effect of, not altered .89347 Payment by one not to affect other's..893„ 48 Computation of time, bas is for.89349 Dismissal of suit afte r answer,893 . 50 Extension of time if no person to sue ..893 . 51 What actions not affected,893 . 52 County cour t; insufficient serv ice

893.03 Defense or counterclaim, when ef-fectual. No defense or counterclaim, foundedupon the title to real property or to rents orservices out of the same, shall be effectual unlessthe person making it or under whose title it ismade, or, his ancestor, predecessor or grantorwas seized or possessed of the premises in ques-tion within 20 years before the committing ofthe act with respect to which it is made .

893 .04 Entry upon realty, when valid. Noentry upon real estate shall be deemed sufficientor valid as a claim unless an action be com-menced thereupon within one year after theemaking of such entry and within 20 years fromthe time when the right to make such entrydescended or accrued ; and when held adverselyunder s. 893 .07, within 10 years from the timewhen such adverse possession begun .

4749

another person shall be deemed to have been :under and in subordination to the legal titleunless it appear that such premises have beenheld and possessed adversely to such legal titlefor 10 years, under s . 893 .06, or 20 years under s .893.08, before the commencement of suchaction.

393.06 Presumption of adverse holdingunder conveyance or judgment. Where theoccupant or those under whom he claims enteredinto the possession of any premises under claimof title, exclusive of any other right, foundingsuch claim upon some written instrument, asbeing a conveyance of the premises in question,or upon the judgment of some competent court,and that there has been a continuall occupationand possession of the premises included in suchinstrument or judgment or of some part of suchpremises under such claim for 10 years, thepremises so included shall be deemed to havebeen held adversely; except that when the prem-ises so included consist of a tract divided into lotsthe possession of one lot shall not be deemed thepossession of any other lot of the same tract .

Where a deed granted a right of way but the claimed userwas of a different strip, no right based on use for 10 years iscreated. New v. Stock, 49 W (2d) 469,182 NW (2d) 276 .

893 .09 Adverse possession, whit Is . Forthe purpose of constituting an adverse posses-sion by a person claiming title, not founded uponsome written instrument or, some judgment ordecree, land shall be deemed to have been pos-sessed and occupied in the following cases only :

(1) When it has been protected by a substan-tial inclosure.

(2) When it has been usually cultivated orimproved .

893.10 Action barred by adverse posses-sion, when. (1) An adverse possession o f 10years under ss . 893.06 and 893 . 07 or of'20 year'sunder ss . 893 .08 and 89.3 .. 09 shall constitute abar to an action for the recover y of such realestate so held adversely or of the posses sionthereof. No title toreal property belonging tothe state shall be obtained by adverse possession,prescription or user unless such adverse pos ses-sion, prescription or user has been cont inueduninterruptedly formore than 40 ,years . . N o ti tleto real property held in trust by the state under s .24.01 (2) to (6) shall be obtained by adversepossession, prescription or user .

(2) Any person who in connection with hi spredecessor in title has been in the uninterruptedadverse possession of any land for 10 y earsunder a conveyance recorded in the office of theregister of deeds of the county where land li es, orwho has been in such possession fo r 20 years,otherwise than under such conveyance, maycommence and maintain an action to establishhis title against any defects claimed to ex ist .. Hemay make all persons deemed to be connectedwith or involved in such defects defendants byname if known, and otherwise generally allpersons whom it may concern , by thatspecification.

History: 1973 e., 189 - ss. 13, 19 .Exceptions to the 20-year rule d i scussed . .. B uza v..

Wojtalewicz, 48 W (2d) 557,180 NW (2d) 556 .See note to 893.1 S, citing Leiraec t v . McCann, 79 dV (2d)

289, 255 NW (2d) 526 .

893.11 Tenant's possession that of land-lord. Whenever the relation of landlord andtenant shall have existed between any personsthe possession of the tenant shall be deemed thepossession of the landlord until the expiration of10 years from the termination of the tenancy ; orwhere there has been no written lease unti l the

893.07 ` Adverse possession defined . Forthe purpose of constituting an adverse posses-sion by any person claiming a title founded uponsome written instrument or somejudgment landshall be deemed to have been possessed andoccupied in the following cases:

( 1) Where it has been usually cultivated orimproved ;

(2) Where it has been protected by a sub-stantial inclosure ;

(3) Where, although not inclosed, it hasbeen used for the supply of fuel or of fencingtimber for the purpose of husbandry or for theordinary use of the occupant ;

(4)' Where a known farm or a single lot hasbeen partly improved the portion of such farm orlot that may have been left not cleared or notinclosed, according to the usual course andcustom of the adjoining country, shall bedeemed to have been 'occupied for the samelength ' of time as the part improved orcultivated .

8,93 .075 Adverse possession of mineralrights defined. Adverse possession of the landas defined in this chapter shall be deemed toinclude adverse possession of alll mineral rights"not registered under s . 700.30 .

History : 1973 c. 260.Ibis section and s . 700.30 are unconstitutional Chicago

~ N.W. Trans . Co. v. Pederson, 80 W (2d) 566,:259 NW(2d) 316 .

LIMITATIONS 893.11

893.08 Extent of possession not foundedon writing, judgment, etc. When there hasbeen an actual continued occupation of anypremises under a claim of title, exclusive of anyother right, but not founded upon any writteninstrument or any judgment or decree, the prem-ises so actually occupied, and no other', shall bedeemed to be held adversely .

893 .13 Rights not Impai red. The right ofany person to the possession of any real estateshall not be impaired or affectedd by a descentbeing cast in consequence of the death of anyperson in possession of such estate.

893.135 Limitation if disability exists ;to mpOPaPy. (1) If a person entitled to com-mence any action for the recovery of real prop-erty or to make an entry or defense founded onthe title to real property or to rents or servicesout of the same be, at the time such title shallfirst descend or accrue, either (a) within thee ageof 18 years; or (b) insane ; or (c) imprisoned ona criminal charge or in execution uponn convic-tion of a criminal offense, for a term less than forlife, the time during which such disability shallcontinue shall not be deemed any portion of thetimee in this chapter limited for the commence-ment of such action or the making of such entryor defense; but such action may be commencedor entry or defense made, after the time limitedand within 5 years after the disability shall ceaseor after the death of the person entitled, whooshall die under such disability; but such actionshall not be commenced or entry or defensemade after that period .

(2) After December' 31, 1945, this sectionshall not operatee to extend the time for com-mencing any action with respect to which the30-year or the 60-year limitation period estab-lished in s. 893.15 shall haveexpired, whetherthe cause of action shall have arisen prior orsubsequent to the enactment of this subsection ...Mto ay: 1971 c ., 213 s, 5 .

893.15 Action concerning real estate. (1)Except as provided in sub . (5), no action affect-ing the possession or title of any real estate shallbe commenced by any person, the state, or anysubdivision thereof after January 1, 1943, whichis founded upon any unrecorded instrumentexecuted more than 30 years prior to the date ofcommencement of such action, or upon anyinstrument recorded more than 30 years prior tothe date of commencement of the action, orupon any transaction or event occurring morethan 30 years prior to the date of commence-ment of the action, unless within 30 years afterthe execution of such unrecorded instrument orwithin 30 years after the date of recording ofsuch recorded instrument, or within 30 yearsafter the date of such transaction or event thereis recorded in the office of the register of deedsof the county in which the real estate is located,some instrument expressly referring to the exis-tence of such claim, or a notice setting forth thename of the claimant, a description of thee realestate affected and of the instrument or transac-tion or event on which such claim is founded,with its date and the volume and page of itsrecording, if it be recorded, and a statement ofthe claims made. This notice may be dischargedthe same as a notice of pendency of action . Suchnotice or instrument recorded after the expira-tion of 30 years shalll be likewise effective,except as to the rights of a purchaser for value of

893.11 LIMITATIONS

expiration of 10 years from the time of the lastpayment of rent, notwithstanding such tenantmay have acquired another title or may havecla i med to hold adversely to his landlord ; butsuch presumption shall not be made after theperiods herein limited .

893.12 What use not adverse . (1) No pre-sumption of the right to maintain any wire orcable used for telegraph,, telephone, electriclight or anyy other electrical use or purposewhatever shall arise from thee lapsee of timeduring which the same has been or shall beattached to or extended over any building orland; nor shall any prescriptive right to maintainthe same result from the continued maintenancethereof.

(2) The mere use of a way over unenclosedland shall be presumed to be permissive and notadverse .

Cross Reference: See 182 017 (5) relating to right to con-demn for easement for transmission lin e s :

4750

893.14 Actions, time for commencing .The followingg actions must be commencedwithin the periods respectively here inafter pre-scribed after the cause of action has accruedexcept that the period shall not be considered tohave expired when the court before .which theaction is pending shall be satisfied that theperson originally served knowingly gave falseinformation to the officer with intent to misleadhim in the performance of his duty in the serviceof any summons or civil process . In the event thecourt. so finds the period of limitation shall beextended for one year .

Estoppel can be invoked to preclude a defense based on astatute of limitations (a) when a defendant has been guilty offraudulent or inequitable conduct ; (b) the conduct need notconstitute actual fraud in a technical sense, but may beequivalent to a representation upon which the pla i ntiff mayhave relied to his disadvantage by not commencing his actionwithin the statutory period ; but (c) must have occurredbeforee the expiration of the limitation pe r iod with no unrea-sonable delay by the aggrieved party after the inducementtherefor, has ceased to operate. State ex rel . Susedik v. Knu4-son, 52 W (2d) 593,191 NW (2d) 23 . .

The loss of the right to a patent is the loss of the right toexclude others and, therefore, the injury occurred on that datethe right to a patent was lost ,. Boehm v .. Wheeler, 65 W (2d)668, 223 NW (2d) 536.

Statute of limitations is not tolled by filing action in courtcompletely lacking jurisdiction , and later refiling in propercourt after statute has run .. See note to 893 . . 01, citing Schaferv, Wegner, 78 W (2d) 12'7, 254 NW (2d) 193 ,

the real estate or any interest therein which mayhave arisen prior to such recording .

(2) The recording of such notice, or of aninstrument expressly referring to the existenceof the claim, shall extend for 30 years from thedate of recording (whether such recording oc-curred before or after the enactment of thissection), the time in which any action foundedupon the written instrument or transaction orevent referred to in the notice or recorded instru-ment may be commenced; and like notices ofinstruments may thereafter be recorded withlike effect before the expiration of each succes-sive 30-year period

(3) This section does not extend the right tocommence any action beyond the date at whichsuch right would be extinguished by any otherstatute.

(4) This section shall be construed to effectthe legislative purpose of barring all claims to aninterest in real property, whether dower (whichfor the purpose of this section shall be consid-ered as based on the title of the husband withoutregard to the date of marriage) inchoate orconsummate, curtesy, remainders, reversionsand reverter clauses in covenants restricting theuse of real estate, mortgage liens,, old tax deeds,inheritance, gift and income tax liens, rights asheirs or under wills, or any claim of any naturewhatsoever, however denominated, and whethersuch claims are asserted by a person sui fur s orunder disability, whether such person is, withinor without the state, and whether such person isnatural or corporate, or private or governmen-tal, unless within such 30-year period there hasbeen recorded in the office of the register ofdeeds some instrument expressly referring to theexistence of such claim, or a notice pursuant tothis section . This section does not apply to anyaction commenced.d by any person who is inpossession of the real estate involved as owner atthe time the action is commenced, nor does thissection apply to any real estate or, interesttherein while the record title thereto remains ina railroad corporation or a public service corpo-ration as defined in s . 184 .01, or any trustee orreceiver thereof, onto claims or actions foundedupon mortgages or trust deeds executed by suchcorporations, of, trustees or receivers thereof; nordoes this section apply to any real estatee orinterest therein while thee record title theretoremains in the state or any political subdivisionor municipal corporation thereof

(5) Actions to enforce easements, or cove-nants restricting the use of real estate set forthinany instrument of public record shall not bebarred by this section for a period of 60 yearsafter the date of recording such instrument, andthee timely recording of instruments expressly

803.155 Within 6 years; Improvements toreal property :. No action to recover damagesfor any injury to property, or f'or an injury to theperson, or for bodily injury or wrongful death,arising out of the defective and unsafe conditionof an improvement to real property, nor anyaction for contribution or indemnity for : dam-ages sustained on account of such injury, shallbe brought against any person performing orfurnishing the design, land surveying, planning,supervision of construction, materials or con-struction of such improvement to real property,more than 6 years after the substantial comple-tion of construction . . If thee injury or defectoccurs oris discovered more than 5 years but lessthan 6 years afterr the substantial completion ofconstruction, the time for bringing the actionshall be'extended 6 months .

History : 1975 c 335 .Note : , Chapter 335 , laws of 1975, which amended this seo-

Hou , gives the legislative fi ndingss and intent in section 1 . Seethe 1995 session laws volume.

A d efend ant is barred from asserting the unconstitutional-ity of this section where he waite d 5 months after the statutehad ru n before attempting to bring the supervising architectin as a 3rd party d efendant. Cohen v . Towne Realty, Inc. . 54W (2d) 1, 194 NW (2d) 298 .

893 .16 Within 20 years. Within 20 years :(1) An action upon a judgment or decree of

any court of record of this state or of the UnitedStates sitting within this state : .

(2) An action upon a sealed instrument whenthe cause of action accrues within this state,except those mentioned in ss,, 19 .015, 87$ ..07,893,;19 and 893,20 (2),`

Defen dant was prejudiced by unreasonable 16 year delayin bringi ng su it; t hus, lach es barredsuit even though (1) limi-tation did not,. Schafe r v . Wegner, 78 W (2d) 127, 254 . NW(2d) 193 .

893.17 Within 20 years , against railroadsand utilities for entry on lands. Wheneverany land or' any interest therein has been or' shallhereafter be taken, entered upon or appropri-ated for the purpose of its business by anyrailroad corporation, electric railroad or power

4751 L IMITATIONS 893.17

referring to such easements or covenants or ofnotices pursuant to this section shall extend suchtime for 60-year periods from such recording

(6) The word "purchaser" as used in thissection shall be construed to embrace eve ryperson to-whom any estate or interest in realestate shall be conveyed for a valuable consider-ation'and also every assignee of a mortgage orlease or other conditional estate . .

"Transaction or event" under (1) as applied to adversepossession means adverse possession for time period necessaryto obtain title .. Upon expiration of this period, the limitationunder (1) commences to run . Leimert v. McCann, 79 W(2d) 289, 255 NW (2d) 526 .

893:18 Within 10 years. Within 10 years :(1) An action upon a,judgment or decree of

any court of record of any other state or "territoryof the United Statess or of any court of theUnited States sitting without this state.

(2) An action upon a sealed instrument whenthe cause of action accrued without this state,except those mentioned in s . 893 .19.

(3) An action for the recovery of damagesfor flowing lands, when such lands have beenflowed by reason of the construction or mainte-nance of any milldam .

(4) An action which, on and before February28, 1857, was cognizable by the court of chan-cery, when no other limitation is prescribed inthis chapter .

(5) An action for the recovery of damagesfor flowing lands when such lands shall havebeen flowed by reason of the construction ormaintenance of any flooding dam or other damsconstructed, used or maintained for the purposeof facilitating the driving or handling of saw logson the Chippewa, Menomonee, or Eau Clairerivers or any tributary of either of them .

(6) Any action in favor of the state when noother limitation is prescribed in this chapter. Nocause of action in favor of the state for relief onthe ground of fraud shall be deemed to haveaccrued until discovery on the part of the state ofthe facts constituting the fraud .

(7) (a) No action or proceeding affectingthe title to or possession of any real estate whichis foundedd on a defect in jurisdiction over aperson named as a party defendant in a judg-ment entered in a court of record of this stateshall be commenced after 10 years from thefiling of such judgment with the clerk of the said;court, provided that during such time a lispendens or such judgment or a certified copy`thereof, naming such person as a party defend-ant, has been of record in the office' of theregister of deeds of the county in which such realestate is located, unless within 10 years after thedate of the filing of such judgment with the saidclerk there is filed in the office of s uch register of

893 .181 Within 10 years. (1) An action tocollect an old-age assistance lien filed under s .49.26, 1971 stats ., prior to August 5, 1973, mustbe commenced within 10 years after the date offiling of the required certificate under s . 49 .26(4), 1971 stets.

(2) No claim under s .. 49 .25,1971 stets,,, maybe presented more than 10 years after the date ofthe most recent old-age assistance payment cov-ered by the claim .

Hi story: 1977 c ., 385 ..

893.19 Within 6 years; oneyear notice ofdamageby railroad. : Within 6 years:

(1) An action upon a,judgment of a court notof record .:

(2)' An action upon any bond, coupon, inter-est warrant or other contract for the payment ofmoney; whether `sealed or otherwise, made orissued by any town, county, city, village, schooldistrict or vocational, technical and adult educa-tion district in this state.

(3) An action upon any other contract, obli-gation or liability,, express or implied, exceptthose mentioned in ss . 893 .16 and 89.3 .18 ..

(4) An action upon a liability created bystatute when a different limitation is not pre-scribed by law .

(5) An action to recover damages for aninjury to property, or for an injury to the charac-ter or rights of another, not arising on contract,except in case where a different period is ex-pressly prescribed .

(6) An action to recover personal property or'damages for the wrongful taking or detentionthereof.

(7) An action for relief on the ground offraud. The cause of action in such case is notdeemed to have accrued until the discovery, by

893.17 LIMITATIONS

company, telephone company or telegraph com-pany without said corporation, or company hav-ing first acquired title thereto b y purchase 6rcondemnation, as bystatute provided,: the ownerof any such . land, hiss heirs, assigns and legalrepresentatives shall have and are hereby giventhe right to at any time within 20 yearss from thedate of such taking, entry or appropriation, suefor damages sustained because of such taking,from the corporation or company so taking,entering upon or appropriating said lands or itssuccessor 's in title, in the circuit court of thecounty in which said land is situated .

4752

deeds some instrument o r notice giving the nameof the person claiming to have been affectedthereby, describingg such defect, and the realestate affected . Any suchh instrument or noticefiled after the expiration of such 10 years shallbe likewise effective, except as to the rights of apurchaser, without notice and for value, of' suchreal estate or, interest therein which may havearisen prior to such filing .. Such instrument ornotice may be discharged in the same manner asa lis pendens„

(b) Paragraph (a) shall have no applicationto judgments in estates of decedents .

A debt arising out of a constructive trust can be barredunder sub . (4) .. Estate of Demos, 50 W (2d) 262, 184 NW(2d) 117

the statute of limitations did not bar a daughter-defend-ant from asserting her counterclaim of constructive trust be-cause the 10-year limit of (4) applied , Meyer v . Ludwig, 65W (2d) 280,222 NW (2d) 6 79 . .

the aggrieved party, of the factss constituting thefraud .

(8) No action against any railroad corpora-tion for damages to property occasioned by fireset from a locomotive or for stock killed orinjured by such corporation shall be maintainedunless within one year after, the happening of theevent causingg such damage the complaint beserved or a notice in writing, signed by the partyowning such property or, stock, his agent orattorney, shall be given to the corporation in themanner provided for service of a circuit courtsummons, stating the time and place such dam-age occurred and that satisfaction therefor isclaimed of such corporation . No such noticeshall be deemed insufficient solely because ofany inaccuracy or failure- therein in stating thetime when or describing the place where suchdamages occurred if it shall appear that therewas no intention on the part of the claimant tomislead said corporation and that the latter wasnot in fact misled thereby .

(9) An action upon a claim, whether arisingon contract or otherwise, against a decedent oragainst his estate, unless probate of his estate inthis state shall have been commenced within 6years after his death .

(10) An action under s . 968 :31 .History: 1971 c. 154; 1977 c . 17 6..Cross. References: See 59 665 for 4-yearlimitation on ac-

t ions again st surveyors for errors in ma ki ng a survey . .See 878,07 for 6-year li mitat ion on action ag ain st su r e ties

on bond s in .county court,See 893 .25 for lim itation o f an action o n a "mu tual and

open account. ."In attorneymalpractice actions as in medical ma lpractice

cases where the date of negligence and the date of inj u ry arethe same, the statute of limit ation s runs from that date, forthat is the time when the caus e of action accrues . . Den zer v..Rouse, 48 W ( 2d) 528 ,180 NW ( 2d ) 521 . .

If the compla i nt does' not allege the requisite element s fora cause of action based on fra ud, sub. (7) does not apply. . E s-tate of Demos, so w (2d) 262, 184 NW (2d) 117,

A bonus plan to co mpen sate for increased ' profits is a con-tract under sub.. (3), . Younger v. Rosenow Paper & Suppl yCo. 51 W ,(2d) 619,188 NW (2d ) 507 .

An action to recover benefits u nder a p ension plan is anaction to enforce a contract, not a n action for wages, E s tate ofSchroeder, 53 W: ( 2d ) 59,191 NW (2d ) 860.

Sub. (3) applies to an action to recover, wcontribution aris-ing out'of settlement of a tort claim , State Farm Mut. Auto. .Ins. Co , v ; Schara, 56W ( 2d ) 262,201 NW (2d) 75 8

Anact ion based on cont ra ct for personal inju rie s r e sultingfrom malpractice is subj ect to the 3-year sta tute of limita-tions . Estate of Kohl s, 57 W (2d) 141; 203 NW ( 2d ) 666 . .

Complaint alleging employment discrimination on- the ba-sis of sex and seeking bac k pay d amages is an action up on .. aliability created by statute , and in the abs enc e of any otherapplicable limita tion, the 6-year limit ation of (4 ) applie s.Yanta v. Montgomery Ward & Co., Inc. 66 W (2d) 53, 224NW (2d ) 389.

An act i on by an insured against an in surance agen t in fail-ing fo procure requested coverage is not an action against th einsu rer on the policy but is an action re sting upon the agent'scontract wit h the insured to procure the insurance coverageagreed upon, and is subject to the statut e of limit ations forcontract : Estate of Ens z, 66 W ( 2d) 193, 223 NW ( 2d ) 903 ..

The cause of action for contribu tion is based upon a con-tract implied by law and must be broughtwithin 6 year s afterthe one joint tor t-feasor has paid more than his shar e under(3) . The tr i al court er roneously gra nted the architects' mo-tion forsummary j udgment on the basi s that'( 5)-apparently

893.195 Wi thin 5 years. Within 5 years ofthe date of birth of a child or if the parents livetogether as man and wife after the birth of thechild, 5 years after they separate : An actionunder ch. 52 for the establishment of the pater-nity of the child, except that this limitation shallnot apply where the parties thereto enter into anagreement for the support of the child in accord-ance with s. 52.28 or where a 2nd proceeding ishad pursuant to s. 52 . ..31 .(2) . Where a warrantor summons under ch . 52 has been issued withinsuch 5 years, ss . 89 .3 . . .30 and 939.74 (3) shallboth be applicable in computing time under thissection.History: 1971 a 21,'The statute begins to run when parents cease living to-

gether as man and wife . . 60 Atty .. Gen 416 .

' 893.20 Within 3 years. Within 3 years:(1) An' action against a sheriff, coroner,

medical examiner, town clerk, or constable upona liability incurred by the doing of an act in hisofficial capacity and in virtue of his office or bythe omission of an official duty, including thenonpayment of money collected upon execution ;but this subsection shall notapply to an actionfor an escape .

(2) An action by the state or any of itsdepartments: or agencies or by any county, town,village, city, school district, vocational, techni-cal and adult education district or other munici-pal unit to recover any sum of money by reasonof the breach of an official bond or the breach ofa bond of any nature, whether required by law ornot, given by a public officer or any agent oremploye of a governmental.. unit ; such period tocommence running when such governmentalunit receives knowledge of the fact that a defaulthas occurred in some of the conditions of'suchbond, and that it was damaged because thereof'..

(3) An action or proceeding to testt thevalidity of a change of any county seat, within 3

4753 LIMITATIONS 893.20

measured from the d ate o f insta ll at ion o f the hea ter-h ad al-ready run , when the fire did not occur unt i l 19 7 0 , and plain-tiffs insured suffered n o inju ry p rior to that t i me. H artfordFir e Ins.. Co .. v . O sborn Plumbing, 66 W ( 2d) 454, 225 NW(2d) 628 .

See n ote to 89 .3 48, citing Joint School Dist No . I v . Cit yof Chilton , 78 W (2d ) 52 , 253 NW ( 2d) 8'79 .Where un reasonable dela y in bringing sui t prejudices

defenda nt b ecause of death of key witne ss, laches will bar suiteven if (7) s tatute of limitations does not. . Schafer v . Wegner,78 , W (2d) 12 7, 254 NW (2d) 193 .

See not e to 89 .3 . . 21 ; citing Sus smann v Gleisner, 8 0 W(2d ) 435,259 NW (2d ) 1 14 .

Sub . (5 ) applie s to action s b as ed on neglig ent construc-tion of dwellings ; statut e begins to r un when pla inti ff su fferedinjury . Abramowski v . Wm . Ki lps Sons Re alty, Inc. . 8 0 W(2d) 468, 259 N W (2d ) 3 06

If ' object of disputed contract is the fruit of human l ab orrather than the labor per se , 893 . 19 (3 ) applies rat her than893 . 21 (5),. Rupp v , O'Connor, 81 W (2d ) 436, 261 N W(2d ) 815 .

See note to 551 .. 59, citing K ra me r v. . Loewi & Co., Inc. .357 F Supp ,-83 .

. . Sub ... ( 4) govern s c ivil rights act ion s .. Minor v La keviewHospital, 421 F Supp . 485 .

(4) An action to recover a forfeiture orpenalty imposed by any bylaw, ordinance orregulation of any town, county, city or village orof any corporation organized under the laws ofthis state, when no other limitation is prescribedby law .

(5) Any action to recover unpaid salary,wages or other compensation for personal ser-vices, exceptt fees for professional services .His tory : 197'7 c . 1'16.A stock-purchase planes a reward for increased profits is

not subject to sub, (5) Younger v, Rosenow Paper & SupplyCo. 51 W (2d) 619,188 NW (2d) 507 .

P rofessional services by a physician or attorney may benonetheless 'so, categorized, although not customarily per-f'ormed in his sp eci alized field of activity, if'requested by rea-son of his expertise and professional training, and when hethen utilizes such knowledge and training, but whether theyare to be so classified depen ds upon the entire factual contextof :theparticular 'employment , Lorenz v Dreske,62W(2d)273, 214 NW (2d) 753 .

Su b . (5) does not apply unless services are actually ren-dered. Yenta v Montgomery Ward & Co, Inc . 66 W (2d)531224 NW (2d) 389Where employer d educted "hypothetical tax factor" from

salaries of its overseas employer so as to equalize compensa-tion-of its employer worldwide, action to recover amounts sodeducted hadto be brought within 2 year limitation period onwage claims, and not 6 year period on other contract claims,Sussmann v Gleisner, 80 W (2d) 435, 259 NW (2d) 114

S ee note to 893..19, citing Rupp v O'Connor, 81 W (2d)436,261 NW (2d) 815,

The procurement . of a lessee to lease the property and bro-ker's claim for commission was not one for personal servicesand was not barred by t his statute„ Pau lson v. Shapiro, 490 F(2d) 1 .

Sub. (1) was not controlling of action by EEOC chargingdiscrimination in employmen t where statute limited only actsbrou ght by a "private party" and the EEOC is a federalagency enforcing public pol icy . Equal Employment Opportu-nity Comm .m v . Laacke & Joys Cc .375 . F Supp 852.. .

893 .215 Within 2 years . (1) WITHIN 2YEARS OF 'THE DATE OF A CASHIER'S CHECK ; ANACTION BY A HOLDER TO ENFORCE PAYMENT OFA CASHIER'S CHECK MADE BY ANY BANK. Uponthe expiration of 2 years from the date of anycashier's check, certifiedd check or bankk moneyorder, there having been no presentment for,payment of the check or money order by a holderthereof, the maker shall, upon demand, return tothe remitter noted thereon, if any, the full faceamount of the cashier's check, certified check orbank money order', and thereafter shall be°re-lieved of any and all liability upon the cashier'scheck, certified check or bank money order, tothe remitter, the payee or any other holder

.:thereof.(2) APPLICATION. Subsection (1) shall ap-

ply to all cashier's checks, certified checks andbank money orders, which have been madebefore November 2, . 1969 but were notpresented for payment by a holder within 2 yearsof their date, but an action by the remitter of 'acashier's check, certified check and bank moneyorder, to recover moneys held by a bank beyondthe time limited by sub . (1) shall be subject to s ..89319 (3) .

89 :21 Within 2 years. Within 2 years :(1) An action by a private party upon a

statute penalty or forfeiture when the action isgiven to the party prosecuting therefor and thestate ; except when the statute imposing it pro-vides `adifferent limitation .

( 2) An action to recover damages for libel,slander, assault, battery, invasion of privacy orfalse imprisonment.

893.20 LIMITATIONS

years after the date of the publication of thegovernor's proclamation of " such change ;; andevery defense founded upon the invalidity of anysuch change must be interposed within 3 y earsafter ' the date of the aforesaid publication, andthee time of commencement of the action orproceedingg to which any such defense is madeshall be deemed the timee when such defense isinterposed .

History: 197 1 c. . 154 ; 1973 c . 2 '72 . .

893.205 Within 3 years . Within 3 years :(1) An action to recover damages for injuries

to the person for such injuries sustained on andafter July 1, 1955, unless notice in writing asprovided ins .330 :19 (5), 1955 statutes, wasserved prior to July I, 1959, in whichh event s ,330.19 (5), 1955 statutes, shall apply . But noaction to recover damages for injuries to theperson, received without this state, shall bebrought in any court in this state when suchaction is barred by any statute of limitations ofactions of the state or country in which suchinjury was received unless the person so injuredshall,, at the time of such injury, have been aresident of this state .

(2) An action brought to recover damagesfor death caused by the wrongful act, neglect ordefault of another where death resulted on orafter July 1, 1955 .

(3) Any civil "action arising under ch. 11 orsubch. III of ch . 13 .History : 1973 c.. 334; 1977 c 2' 18 .Cross Reference: See 885 285 (4) for extended period after

certain settlements and advance payments :When the complaint alleged that an improper blood trans-

fusion injured a woman so as to cause the death of a childyears latex, the cause of action accrued at the date of thetransfusion . Olson v. St .. Croix Valley Memorial Hospital, 55W (2d) 628, 201 NW (2d) 63.

Validity of defense, under (d ) , of bar to the action by theNorth Carolina 3-year limitation statute, is determined inlight of analysis of North Carolina products liability case law .Central Mut . Ins .. Co v, H. O, Inc. . 63 W (2d) 54,216NW(2d) 239

In a wrongful death action, the trial court had ` subjectmatter jurisdiction of' plaintiffs' action which, when com-menced, tolled the statute of limitations; the statute of limita-tions would preclude the 3 sisters in the futu r e from com-mencing any independent wrongful-death action againstdefendants; therefore the sister s are no longer to be consid-ered indispensable parties, Kochel v.. Hartford Accident &

,indemnity Co.. 66 W (2d) 405, 225 NW (2d) 604The statute of limitations in medical malpractice actions ..

1970 WLR 915 .Recent developments in Wisconsin medical malpractice

law; 1974 ' WLR 891 ,

4754

893.23 Within 30 days. Within 30 days:'(1) An action to contest the validity of any

municipal obligation which has been certified byan attorney in the manner provided in s .,67 .025,for other than constitutional reasons, must becommenced within,'30 days after the recordingof such certificate' as provided by s . 67.025. Anaction to contest the validity of any state or stateauthority obligation for other than constitu-tional reasons must be commenced within 30days after the adoption of the authorizing reso-lution for such obligation .

(2) An action or proceeding to contest thevalidity of any municipal bond or other financ-ing, other than an obligation certified as de-scribedd in sub. (1), for other than constitutionalreasons, must be commenced within 30 daysafter thee date on which the issuer thereof pub-lishes in the issuer's official newspaper, or, ifnone exists, in a newspaper having general circu-lation within the issuer's boundaries, a class Inotice, under ch . 985, authorized by the gov-ernirig body of such issuer, and setting forth thename of the issuer, that the notice is givenpursuant to this section of the statutes, theamount of the bond issue or other financing andthee anticipated date of closing of such bond orother financing and that a copy of proceedingshad to date of the notice are on file and availablefor inspection in a therein designated` office ofthe issuer. Such notice may not be publisheduntil after the issuer has entered into a contractfor sale of the bond or other financing.

History: 1971 c. 40 s. 93 ; 1971 c. 117, 211 ; "1973 c.. 265;19 7Sa 221 .

893.235 Health ca re providers; minorsactions. Any person under the age of 18, who isnot under disability by reason of insanity, devel-opmental disability or imprisonment, shall bringan action to recover damages for injuries to theperson arising from any treatmentt or operationperformed by, or far, any omission by, a person

893.25 Actions upon accounts . In actionsbrought to recover the balance due upon amutual and open account current the cause ofaction shall be deemed to have accrued at thetime of the last item proved in such account.

There must be mutual debts or setoff before this sectionapplies. Estate ofDemos, 50 W (2d) 262,184 NW (2d) 117..

893.26 Other personal actions . All per-sonal actions on any contract not limited by thischapter or any other law of this state shall bebrought within 1Q years after the accruing of thecause of action .

893 .27 . Defenses barred . A cause of actionupon which an action cannot be maintained,, asprescribed in this chapter, cannot be effectuallyinterposed as a defense, counterclaim or set-off.

893.29 Bank bills not affected . None of theprovisions of this chapter shall apply to anyaction brought upon any bills, notes or other,evidences of debt issued by any bank or issued orput into circulation as money .

4755

893.22 Within one year. Within one year :(1) An action against a sheriff or other

officer for -the escapee of a prisoner arrested orimprisoned on civil process .

(2) All actions for damages for seduction .(3) An action under ch. 135 .(4) An action for contribution based on tort

if the right of contribution does not arise out of aprior judgment allocating the comparative neg-ligence between the parties .

History : 1973 c.. 12, 179; 1977 c. . 180 .Cross Reference: See 893 .19 (8) for one-year notice provi-

sion as to actions against railroad companies.Since the mother's counterclaim was served within one

year from the date it was alleged the last act of seduction wascommitted, th e cau se of action was not barr e d by the one-yearstatute of limitations. Slawekv. . Stroh, 62 W (2d) 295, 215NW (2 d ) 9.

LIMITATIONS 893 .29

who is licensed, certified, registered or autho-rized to practice as a health care provider understate law within the time limitation under s .893.205 (1) or by the time that person reachesthee age of 10 years, whichever is later. Thataction shall be brought by the parent, guardianor other person having custody of the minorwithin the time limit set forth in this section .

His tory : 1977.'c 390.

893.24 Within 9 months . Every action orproceeding to avoid any special assessment, or,taxes levied pursuant to the same, or to restrainthe levy of such taxes or the sale of lands for thenonpayment of such . taxes, shall be broughtwithin 9 months from the notice thereof, and notthereafter. This limitation shall cure all defectsin the proceedings, and defects of power on thepart of the officers making the assessment,except in cases where the lands are not liable tothe assessment, or the city has no power to makeany such assessment, or the amount of theassessment has been paid or a redemption made .

893.245 Foreign corporation , convey-ances. Any action to recover possession of, oravoid the title to, any real or personal propertybecause such property was acquired, held ordisposed of by a foreign corporation at any timebefore July 10, 1963, and without complyingwith the terms of s . 180 .801, statutes of 1951 ; orcorresponding provisions of prior statutes shallbe brought on or before December 31, 1965, andnot thereafter.

893.30 Limitation when person out ofstate. (1) If when the cause of action shallaccrue against any person he shall be out of thisstate such action may be commenced within theterms herein respectively limited after such per-son shall return or remove to this state . But theforegoing provision shall not apply to any casewhere, at the time the cause of action shallaccrue, neither the party against or in favor ofwhom the same shall accrue is a resident of thisstate ; and if, after a cause of action shall haveaccrued against any person, he shall depart fromand reside out of this state the time ' of hisabsence shall not be deemed or taken as any partof the time limited for the commencement ofsuch action ; provided, that no foreign corpora-tion which shall have filed with the secretary ofstate, or any other state official or body, pursu-ant to the requirements of any applicable statuteof this state, an instrument appointing a regis-tered agent as provided in ch . 180, a resident orany state official or body of this state, its attor-ney or agent, on whom, pursuant to such instru-ment orany applicable statute, service of pro-cess may be made in connection with such causeof action, shall be deemed a person out of thisstate within the meaning of this section for theperiodd during which such appointment is effec-tive, excluding from such period the time ofabsence from this state of any registered agent,resident agent or attorney so appointed whoshall havee departed from and resided outside ofthis state .

(2) This section shall not apply to any personwho, while out of this state, may be subjected topersonal jurisdiction in the courts of this state onany of the grounds specified in s. 801 .05 .History;Sup . Ct. Ord er, 67 W (2d) 78 4 .

893 .31 Application to alien enemy. Whena person shall be an alien subject or citizen of acountry at war with the United States the timeof the continuance of the war shall not be a partof the time limited for the commencement of theaction .

893.32 Effect of military exemption fromcivil process. The time during which any resi-dent of this state has been exempt from theservice of civil process on account of being in themilitary service of the United Statess or of thisstate, shall not be taken as any part of the timelimitedd by law for the commencement of anycivil action in favor, of or against such person .

$93.33 Persons under disability . If a per-son entitled to bring an action mentioned in thischapter, except actions for the recovery of apenalty or forfeiture or against a sheriff or other'

893 .35: Appeals ; If judgment for defend-ant reversed, now action for plaintiff . If anaction shall be commenced within the timeprescribed therefor and a judgment therein forthe plaintiff, or the defendant, be reversedd onappeal, the plaintiff, or if he dies and the causeeof action survives, his heirs or representativesmay commence a neww action within one yearafter the reversal .

883.36 When action stayed. When the com-mencement of an actionn shall be stayed' byinjunction or statutory prohibition the time ofthe continuance of the injunction or prohibitionshall not be part of the time limited for thecommencement of the action.

893.30 LIMITATIONS 4756

officer for an escape , or for the recover y of realproperty or the possession thereof be, at the timethe cause of action accrued, either ,

(1) Within the age of 18 years , except foractions against health care providers ; or

(2) Insane; or(3) Imprisoned on a criminal chargee or in

execution under sentence of a criminal court fora term less than his natural life , the time ofsuchdisability is not a part of the time limited for thecommencement of the action, except tha t theperiod within which the act ion must be broughtcannot be extended more than 5 years by an ysuch disability, except infancy ; nor can it be soextended in any case longer than one year after,the disability ceas e s.

History : 1971 c.. 213 s . 5; 1977 c . 390,This section preserves a minor's right to pursue a cause of'

action which accrues during minority ; i t does not determinethe time when the cause accrues; where there was no cause ofaction at the time of accrual (defense of charitable immu-nity), there is no cause of action at a later date. Chiisty v,Schwartz, 49 W (2d) 760,183 NW (2d) 81 .

An action for, personal injuries to a 17-year-old plaintiff 'injured September 17, 1968, commenced Ap r il 18, 1973, wasbarred by the statutes of limitations, 893.205 and 893 . . 33,where the Age of . Majority Act amended 893 33 to requirecommencement of infants' actions within one year of attain-ment of age 18 or, for persons between 18 and 21 , within oneyear subsequent to the effective date of the act .. Feest v . AllisChalmers Corp.,68 W (2d) 760, 229 NW (2d) 651 .. .:

893.34 Limitation In case of death. If aperson entitled to bring an action dies before theexpiration of the time limited for the commence-ment thereof and the cause of action survives anaction may be commenced by his representativesafter-the . expiration of that time and within oneyearr from his death . If a person against whoman action may be brought dies before the expira-tion of the time limited for the commencementtthereof and the cause of action survives anaction may be commenced after the expirationof that time and within one year after theissuing, within this state, of letters testamentaryor,of administration.

893.43 Acknowledgment, who not boundby. If there are 2 or more joint contractors orjoint administrators of any contractor no suchjoint contractor, executor or administrator shalllose the benefit of this chapter so as to bechargeable by reason only of any acknowledg-ment or promise made by any other or others ofthem.

893.44 Actions against parties jointly lia-ble. In actions commenced against 2 or morejoint contractors or joint executors or adminis-trators of any contractors, if it shall appear, onthe trial or otherwise, that the plaintiff is barredby this chapter as to one or more of the defend-ants, but is entitled to recover against any otheror others of them, by virtue of a new acknowl-edgment or promise, or otherwise, judgmentshall begiven for the plaintiff as to any of thedefendants against whom he is entitled to re-cover and for the other defendant or defendantsagainst the plaintiff.

893.49 Dismissal of suit after answer.When 'a defendant in an action has interposed ananswer as a defense, set-off or counterclaimupon which he would be entitled to rely in suchaction the remedy upon which, at the time of thecommencement of such action, was not barredby law, and such complaint is dismissed or theaction is discontinued the time which intervenedbetween the commencement and the termina-tion of such action shall not be deemed a part ofthe time limited for the commencement of anaction by the defendant to recover for the causeof action so interposed as a defense, set-off orcounterclaim .

893 .50 Extension of time if no person tosue. There being no person in existence who isauthorized to bring an action thereon at the timea cause of action accrues shall not extend thetime within which,, according to this chapter, anaction can be commenced upon such cause of

4757

$93n3'T Disability. No person shall avail him-self of a disability unless it existed when his rightof action accrued.

893.38 More than one disability. When 2 ormore disabilities shall coexist at the time theright of action accrued the limitation shall notattach until they all be removed .

893.39 Action, when commenced . An ac-tion shall be deemed commenced, within themeaning of any provision of law which limits thetime for the commencement of an action, as toeach defendant, when the summons naming thedefendant and the complaintt aree filed with thecourt, but no action shall be deemed commencedas to any defendant upon whom service of au-thenticated copies of the summons and com-plaint has not been made within 60 days afterfiling .His tory : S up . Ct . Order, 67 W (2d) 770;1975 c . 218.

$93.41 Presenting claims. The presentationof any claim, in cases where by law such present-ment is required,, to the circuit court shall bedeemed the .commencement of an action withinthe meaning of any law limiting the time for thecommencement of an action thereon .

History : 1977 c 449 s. 497.

893.42 Acknowledgment or now promise .No acknowledgment or promise shall be suffi-cient evidence of a new or continuing contract,whereby to take the cause out of the operation ofthis chapter, unless the same be contained insome writing signed by the party to be chargedthereby.

LIMITATIONS 893 .50

893.46 . Payment , effect of, not a ltered .Nothing contained in ss . 893 .42 to 893 .44 shallalter, take away or lessen the effect of a paymentof any principal of interest made by any person,but no indorsement or memorandum of any suchpayment, written or made upon any promissorynote, bill of exchange orother, writing, by or onbehalf of the party to whom such payment shallbe made or purport to be made, shall be deemedsufficient proof of the payment so as to take thecase out of the operation of this chapter .History: Sup, Ct . Order, 67 W (2d) 784. .

893 .47 Payment by one not to affectothers. If there are 2 or more joint contractorsor joint executors or administrators of any con-tractor no one of them shall lose the benefit ofthis chapter, so as to be chargeable, by reasononlyy of any payment made by any other or othersof them.

893.48 Computation of time, basis for .The periods of limitation,, unless otherwise spe-cially prescribed by law, must be computed fromthe time of the accruing of the right to relief byaction, special proceedings, defense or other-wise, as the case requires, to the time when theclaim to that relief is actually interposed by theparty as a plaintiff or defendant in the particularaction or special proceeding, except that as to adefense, set-off or counterclaim the time of thecommencement of the plaintiff's action shall bedeemed the time when the claim for relief as tosuch defense, set-off or counterclaim isinterposed .Because b7,11 requires moneys in sinking fund remain in-

violate until b onds are retired, cause of action regarding fundcould only accrue at retirement. Joint School D ist . No 1 v. .City of Chilton, 78 W (2d) 52,253 NW (2d) 879 . .

Health care p rovider, action after s ubmit-ted to panel

Highway, damages resulting from layingout, taxpayers contesting award

Hig hway order', co ntestingIn s urance contract, s tatute of limitationIn s urance po l icy, missing personInsurer liquidatio n, clai mInsu r'er ', peti tion for liquidation, e ffectInsu rer reha bilitation, effect on statut e of

limitatio nL and, action for rent or profi tsLega l fees pai d for defendant, recoveryLost a nimals, c laim for,Lost chattel s, claim forLife insu rance, m inimum time to bring

actionMarriage, b reach of contractMinor's estat e, recover y o fMotor carrier, action b y and againstMoto r car rier, overcharge, clai m forMunicipal p ower, district, contesting bond sof

Patient s claim, statute of limitation tolledPer sonal representative, rights againstPersonn el act ion, act ion to enforce order

of personnel commissionPersonn e l act ion, appeal to p erso nnel

commissi onP robate, ac tion on re qu ired bondPro bate, informa l adm inistra tion , fraudPro bate, summary proceed i ngs, c laimPublic assistance, recovery ofPu blic improvements, ac tion on bondPublic improvements, notice of claim, lienRa i lroad con struction , la borer's liensRea l es tate loan, 1st l i e n, customer actionReceivers hip, creditor's claimReinstatement of empl oyment, acti on forRestrain t of tra de, actio n forSavings and loan liqu i dation, claim inSchool distri ct, contesting creationSecu rities, reco very of profits from im-

prop er transactionsSettlement, payment, effect on s tatute oflimitation

Soil and water conservation di strict, con-testing creation

Stat e public offi ci al interes ted in contract,action to void

Statute of limitat ion , repeal, effectSu rface wa ter', action for damages caused

bySurveyor, faulty s urvey, ac tion for,Tax certific ate, special, actio n on barr edTa x certificate, vo ided .Tax deed , acti on to ba r previous ownerTax deed , possession of land so con veyed

recovere dTax deed, recovery b y former ownerTax deed , void, eje c tm ent actionTaxx deed, voi d, recovery by orig inal ownerTax sale, :action to set asideTitle, claim adverse toTown, contes ting constituting or dividingTown sanitary district, contestin g creationUnfair labor practice claimUnsound mind, a ction for return of p erson

ofUti lity corporation, c ondemna tion of landowned

Victim's c ompen sation, c laim forWorker's compensation claim, noticeWorker's compensatio n, 3rd party act ionZ oni ng ordinance, coun ty, contesting

Annexation, by, city or village, contesting 66.021 (10)Annulment of marria ge 247. 03Bank liquidation , claim 220.08-(5)Bridge, lien for damages relat e d t o 31 .26Building, order, to repair or remo ve,

contesting 66.05 (3)Bulk transfer, credit or ac tion 406. 111Contract for sale, brea ch 402 .725Contract, let by city or villa ge, contesti ng 66. 1 3Construction, lien, bond provide d 289.036Construction lien , enforcem ent 289.06Construction lien, notice 289.02Consumer act, Wiscon s in, violation 425.307Coop erative dissolution, effec t on remedy 185.76Coop erative's articles, amendme nt, con-testing validity 185.53 ( 4)

Corporate dissolution, effect on remedy 180.787Corporate dissolution, nonstock, remed ies 181.65Corporate dissolution proceeding, c l aim . 180.777Corporate takeov er requ ireme nts, violation 552.21Dam, lien for damages related to 31.26Death, effect on cause of action 859.15Decedant's estate, claim against 859.01Decedan Ns estate, tort claim again st 859. 45De dication of, highway, street or pie r,contesting 80 .01 (4)

Distributee of decedent's estate, actionagainst 865. 19

Dower rights, transfer fraudulent as to 861. 17 . (5)Ele ction, contesting, notice 13.23Engineer, faulty survey, action agai nst 59.665Execution sale, contesting valitity 815.55Hood damage action for 31.33 (1)Forest fire, c laim by town or state 26.14 (9) (b)Franchise investment,., prohibited practiceviolation 553.51 (4)

182.01 7 (5)949.08102.12

102.29 (5)59.97 ( 14)

893.50 LIMITATIONS

action to more than double the period otherwiseprescribed by law .893.51 What actionss not affected . Thischapter shall not affect actions against directorsor stockholders of a moneyed corporation orbanking association to recover a forfeiture im-posed or, to enforce a liability created by law ; butsuch actions must be brought within 6 yearsafter the discovery by the aggrieved party of thefacts upon which the forfeiture attached or theliability was created .

893 .52 County court; Insufficient service.No action or proceeding to set aside any judg-ment, order or decree entered before June 10,1951, by any county court after notice of theapplication for such ,judgment, order or decreehas been given in accordance with the require-ments of the then existing applicable statutes,shall be commenced after one year from saiddate, based solely on the ground of failure to giveother or additional notice of the applicationtherefor; and no such judgment, order or decreeshall be subject to direct or collateral attack inany action or proceeding based solely on suchground, after one year fromsaid date .

Judicial Council Note, 1978 : Statutes not contained in thischapter which relate to or impos e time restrictions on ass ertinga claim or a cause of action include, but are not limited to, thefollowing :

4758

655. 19

80.2580.34

631 .83813.22

645 .47 (2)645 .49 (3)

645.3484 3. 1 3 ( 1 )

757.66ch . 1701 72.0 5

632.94 (2) (a)248.06296.50

194. 21 (3)195 .37

198 . 18 (3)655.04 (6)

865.18

230.44 (4) (c)

2 30.44 (3)8 78.07 (3)

865.03 1867. 02 (4)

49. 08289 .14289 . 15192 .39

428 . 106 (4)128. 14

425 . 110 (2)1 3 8.06 (3)

215.32 (6) (a)11 7.01 (7)

611 .3 1 (4)

885.285 (4)

92 . 16

19.45 (6)990 .06, 991 .07

88.87 (3)59 .66575.2175. 2075.39

75.2675 . 2775.2975. 30

7 5. 61 . (1)706. 09

60. 05 (4)60.304

111.0 7 (14)

51 .84

4759 LIMITATIONS 893.52

Notice of inju ry, filing, disallowance or commencement of Motor t ranspor tation tax paid , claim for 194.51action tim e limits are imposed by s tatutes gov e r ning claims Motor vehicl e accid ent, claim againstagainst governm ent entities, including, but not limited to, the state 345.05following: Motor vehicle fuel tax paid, claim for 78.69Abandon e d pr operty, claim for Ch : 177 Motor vehicle ta x p aid , c laim for 34508Abandone d pro perty, expen ses relat ed to, Muni cipa l power di st ric t, claim proce dure 19& 12 (2 )claim for 117. 14 (4) Mun icipa l tran sit auth ority, cl aim

Aircraft, state- owned, claim fo rdamage procedure 66.94 (35)cau sed by 14 .065 Occupa tion tax, reimbu rseme nt c l aim, 74.73 (3)

Airfiel d p rotection regulations, claim for' P robationer or parolee, claim for retaineddamage resulting 114. 135 funds 4607

Bear, clai m for damage by 29.595 Property, objection to assessed va lue 70.47Claim procedure, city or v illage autho rized Public, land, c laim for v oid sal e of or void

to establish 66.044 cer tificate 24.355Claim proc e dure of gene ral applicability 895.43 Road g rade, water damage , c laim for 88.8 7 (2) (c)County parks, special a ssessment or, tax, Sandhill c rane, claim for, damage b y 29.594

action to a void 27 .065 (11) State employe, c l aim against 895,45Deer, claim for damage by 29.595 State officer, claim against 89 5 .45Dog, claim fo rdamage by 174.11 Street gra de c hange, c l aim for' damage 32 . 18Duc k, c laim for damage by 29 .594 Tax certificate, ill ega l, recovery of pay-Excessive assessment, c laim for tax paid 74.73 (4) m ent`for 75,24Fran c hise tax, re fund c laim. 7110 ( 10) Tax deed, illegal, rec overy o f p ayment fo r 7S„2 4Ge ese, claim for damage by 29594 Tax, state o r c ount y, refund claim 7 4.6 4Highway gr ade change, damage 32. 18Inc om e tax, o verpayment claim 7 1 . 11 ( 19) (c)Income tax, refund claim 71. 1 0 ( 1 0) Reference also should be made to the general index.