Sullivan v. Collins
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: Michael Kirwan, Circuit Judge. This is an action commenced November 24, 1897, to recover the sum of $912, and interest, alleged to be due for-the rent of a store from May 14, 1891, to April 8, 1893, and also the sum of $70 alleged to be due for an overcoat and a suit of clothes delivered to one Gordon at the request of the-defendants.
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Appeal from a judgment of the circuit court for Fond du Lac county: Michael Kirwan, Circuit Judge. This is an action commenced November 24, 1897, to recover the sum of $912, and interest, alleged to be due for-the rent of a store from May 14, 1891, to April 8, 1893, and also the sum of $70 alleged to be due for an overcoat and a suit of clothes delivered to one Gordon at the request of the-defendants. The defendant M. Y. Sullivan is a brother of the plaintiff, John E. Sullivan, and made default in the action. The defendant M. L. Gollins answered, admitting the leasing of the store, and…
1Opinion of the CourtWiNslow, J.
1. Upon the opening of the trial of the case, the court, upon oral application of the defendant, without any fact'being shown to excuse the delay, and without imposing terms, allowed an amendment to the answer setting up the statute of limitations as to the six months’ rent which accrued between Hay 14 and November 14, 1891.
The statute allowing amendments upon the trial is a broad and sweeping one, and is in very frequent use in the trial courts. It gives the trial.court full power to allow amendments of the pleadings upon the trial “in furtherance of justice and upon such terms as may be…
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