Mead v. Bagnall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action to foreclose a mortgage, commenced in October, 1858. After the passage of chap. 181, Laws of 1859, the plaintiff made Norton, Bagnall and others additional defendants, without leave of court, and served them with copies of the original summons and complaint, amended by adding the names of the new defendants, to which was attached a notice, requiring each party on whom such amended papers were served, to serve a copy of…
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APPEAL from the Circuit Court for Rock County. Action to foreclose a mortgage, commenced in October, 1858. After the passage of chap. 181, Laws of 1859, the plaintiff made Norton, Bagnall and others additional defendants, without leave of court, and served them with copies of the original summons and complaint, amended by adding the names of the new defendants, to which was attached a notice, requiring each party on whom such amended papers were served, to serve a copy of his answer by the 20th of .May, 1859. On the 9th of June, 1859, none of the parties named as defendants having appeared, a…
1Opinion of the Court
By the Court,
Paine, J.
We think it must be held under the provisions of chap. 181, Laws of 185.9, that the plaintiff may amend of course by making new defendants. The counsel for the appellants contended that this could not be done without leave of the court, and cited some authorities sustaining that as a rule of practice, where 'there were no statutory provisions on the subject. But even conceding that to have been the rule, we think this. .chapter must be held, by necessary implication, to establish the right. It assumes its existence, and then proceeds to specify in what manner it may be…
2Cases cited1 opinion
- Smith v. HoytWisconsin Supreme Court · 1861
3Cited by7 opinions
- State ex inf. Attorney-General v. DabbsSupreme Court of Missouri · 1904
- In re Assignment of GilbertWisconsin Supreme Court · 1896
- Druse v. HorterWisconsin Supreme Court · 1883
- Smith v. ToddWisconsin Supreme Court · 1882
- Storm v. AdamsWisconsin Supreme Court · 1882
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