21 Wis. 273 | Wis. | 1866
The plaintiffs sue upon their equitable right— the right given them by the statute, as the holders of the certificate, to maintain ejectment and other actions with respect to the land therein described. R. S., ch. 28, sec. 51. It is therefore a suit upon the statute. In pleading upon a statute, an exception in the general clause must be stated and negatived, so as to show that the party relying upon the general clause is not
As the exception is not noticed and negatived in the complaint, no cause of action is shown, and the demurrer, for this reason, was properly sustained.
By the Court — Order affirmed.