Morgan v. Bishop
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of ejectment, with a complaint in the form prescribed by statute. At first the defendants answered separately, in effect denying titLe in the plaintiffs; admitting possession in D. 8. Bishop; claiming it as rightful; alleging absolute ownership in fee in him; and denying and disclaiming title or possession in his wife.
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APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of ejectment, with a complaint in the form prescribed by statute. At first the defendants answered separately, in effect denying titLe in the plaintiffs; admitting possession in D. 8. Bishop; claiming it as rightful; alleging absolute ownership in fee in him; and denying and disclaiming title or possession in his wife. On the trial the defendants put in evidence and relied upon a tax deed. The plaintiffs offered evidence to impeach the tax deed, but it was excluded,…
1Opinion of the CourtCassoday, J.
We have just held that a trial court may, in the exercise of a sound discretion under all the circumstances of a given case, allow an amendment to a pleading setting up the statute of limitations. Smith v. Dragert, ante, p. 222. Where', upon a proper application, such powrnr has been exercised, this court only determines whether there has been an abuse of such discretion. Ibid. True, as urged, the time for answering had long expired, and the failure to set up the statute of limitations in the original answer was, for the time being, a waiver of the right given by the statute; but the court,…
2Cases cited22 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Newman v. KershawWisconsin Supreme Court · 1860
- Orton v. NoonanWisconsin Supreme Court · 1870
- Dreutzer v. SmithWisconsin Supreme Court · 1882
- Mead v. NelsonWisconsin Supreme Court · 1881
17 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Hammond-Chandler Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1916
- Meade v. GilfoyleWisconsin Supreme Court · 1885
- Sullivan v. CollinsWisconsin Supreme Court · 1900
- Ruggles v. Fond du Lac CountyWisconsin Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.