Smith v. Gould
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. The cause was before this court upon a former appeal and is reported in 59 "VVis. 631. From that report and from the opinion herein the facts sufficiently appear. This appeal is by the defendants from an order permitting the filing of an amended complaint.
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APPEAL from the Circuit Court for Monroe County. The cause was before this court upon a former appeal and is reported in 59 "VVis. 631. From that report and from the opinion herein the facts sufficiently appear. This appeal is by the defendants from an order permitting the filing of an amended complaint. They argued, among other things, that even the town itself was not liable for the consequences of an error of judgment in the selection of a flan for the work; and a fortiori the defendants are not liable. Dillon on Mun. Corp. 801; Child v. Boston, 4 Allen, 41; Mills v. Brooklyn, 32 N. T.…
1Opinion of the CourtCole, C. J.
After the decision in 59 Wis. 631, the circuit court, on motion of plaintiff, granted leave to file and serve an amended complaint. Such leave, however, was granted without the showing, by affidavit or otherwise, of any excuse or reason why the facts stated in the amended complaint were not originally pleaded, and without any affidavit of merits or proof that the new facts set forth in the amended complaint were true. The appeal is from the order allowing the amended complaint to be filed. Three grounds are assigned here why the order should be reversed, the third of which is that the amended…
2Cases cited4 opinions
- Smith v. GouldWisconsin Supreme Court · 1884
- Spelman v. City of PortageWisconsin Supreme Court · 1876
- Squiers v. Village of NeenahWisconsin Supreme Court · 1869
- Hamilton v. City of Fond du LacWisconsin Supreme Court · 1876
3Cited by11 opinions
- Lowe v. ConroyWisconsin Supreme Court · 1904
- In re Theresa Drainage DistrictWisconsin Supreme Court · 1895
- Heth v. City of Fond du LacWisconsin Supreme Court · 1885
- Robinson v. RohrWisconsin Supreme Court · 1889
- Barden v. City of PortageWisconsin Supreme Court · 1891
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