Carmichael v. Argard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Clawe County. The case is thus stated by Mr. Justice Taylor: “ This action was commenced by the service of a summons. The defendant appeared, and demanded a copy of the complaint.
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APPEAL from the Circuit Court for Eau Clawe County. The case is thus stated by Mr. Justice Taylor: “ This action was commenced by the service of a summons. The defendant appeared, and demanded a copy of the complaint. The complaint served was a complaint in ejectment to recover the possession of certain lots described therein, and was in the form prescribed by section 3077, R. S. The defendant answered, and, among other things, denied that he ever was in the possession of said lot, or any part thereof, and alleged that at the time of the commencement of said action, and for a long time…
1Opinion of the Court
The following opinion was filed June 4, 1881:
Taylor, J.
The appellant insists that he had a right under section 2685 to make and serve the complaint set out in the *609proceedings as an amended complaint. This section provides that “ any pleading may be once amended by the party of course, without costs and without prejudice to the proceedings already had, at any time before the period for answering expires, or it can be so amended at any time within twenty days after the service of the answer or demurrer to such pleading.” The learned counsel for tfye respondent insists that the complaint served…
2Cases cited8 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Sweet v. MitchellWisconsin Supreme Court · 1862
- Board of Supervisors v. DeckerWisconsin Supreme Court · 1874
- Newton v. AllisWisconsin Supreme Court · 1860
- Lane v. CameronWisconsin Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- Gates v. PaulWisconsin Supreme Court · 1903
- Paschong v. HollenbeckWisconsin Supreme Court · 1961
- Meinshausen v. A. Gettelman Brewing Co.Wisconsin Supreme Court · 1907
14 more not listed; retrieve them via the Exa API.