Lackner v. Turnbull
Wisconsin Supreme Court
APPEAL FROM THE RACINE CIRCÜIT COURT. This action was commenced in the Racine Circuit Court. The complaint was in the usual form for work and labor and materials furnished, demanding judgment for the sum of $215 75, and was served with the summons on the 27th day of June, 1857. On the 9th day of July, 1855, the appellant served on the respondent an answer to the effect, that after the performance of the work and labor, &c., and before the commencement of the suit, the…
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APPEAL FROM THE RACINE CIRCÜIT COURT. This action was commenced in the Racine Circuit Court. The complaint was in the usual form for work and labor and materials furnished, demanding judgment for the sum of $215 75, and was served with the summons on the 27th day of June, 1857. On the 9th day of July, 1855, the appellant served on the respondent an answer to the effect, that after the performance of the work and labor, &c., and before the commencement of the suit, the appellant had executed and delivered to the respondent his negotiable promissory note for the amount of said work and labor…
1Opinion of the Court
By the 'Court,
WhitoN, C. J.
We think that the amendment of the complaint in this case was properly made. The code (§S0) provides that “ any pleading maybe once amended by the party of course without costs, and without prejudice to the proceeding already had, at any time before the period for answering it expires, or it can be so amended at any time within twenty days after the service of the answer or demurrer to such pleading, unless it be made to appear to the court that it was done for the purpose of delay.” In this case, the amendment was made within twenty days after the answer was filed,…
2Cited by7 opinions
- Frost v. WitterCalifornia Supreme Court · 1901
- Carmichael v. ArgardWisconsin Supreme Court · 1881
- Tewksbury v. BronsonWisconsin Supreme Court · 1880
- Hannon v. LoganMissouri Court of Appeals · 1883
- Reindl v. HeathWisconsin Supreme Court · 1901
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