Illinois Trust & Savings Bank v. Alexander Stewart Lumber Co.
Wisconsin Supreme Court
'Appeal from a judgment of tbe circuit court for Marathon county: James O’Neill, Judge. The substance of the pleadings upon which the action was ■.tried, omitting formal allegations and those sli owing legal capacity to sue, was as follows: Complaint: February 1, 1891, plaintiff was the owner and entitled to the legal possession of 1,700,000 feet, board measure, of pine lumber and a quantity of other products derived from the manufacture of pine saw logs located in the…
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'Appeal from a judgment of tbe circuit court for Marathon county: James O’Neill, Judge. The substance of the pleadings upon which the action was ■.tried, omitting formal allegations and those sli owing legal capacity to sue, was as follows: Complaint: February 1, 1891, plaintiff was the owner and entitled to the legal possession of 1,700,000 feet, board measure, of pine lumber and a quantity of other products derived from the manufacture of pine saw logs located in the millyard of E. K. Buttrick, all being of the value of $15,500. On or about -the last day of February, 1891, defendant…
1Opinion of the Court
The following opinion was filed May 8, 1903:
Maeshall, J.
Error is assigned because the trial court permitted the complaint to be amended, withdrawing the admission that the $6,428 paid Scott by appellant was on account of the mortgage indebtedness. In our view that is immaterial. We will say, however, that whether the amendment was proper or not admits of serious doubt. The admission stood upon the record for years. The attitude of Mr. Scott and his attorney during that time did not furnish any ground for even a suspicion that it would be claimed upon the trial that the payment was not made on…
2Cases cited4 opinions
- Gates v. PaulWisconsin Supreme Court · 1903
- Post v. CampbellWisconsin Supreme Court · 1901
- Smith v. CoolbaughWisconsin Supreme Court · 1867
- Smith v. KonstWisconsin Supreme Court · 1880
3Cited by11 opinions
- In re Platteville Foundry & Machine Co.District Court, W.D. Wisconsin · 1906
- Palmer v. SchultzWisconsin Supreme Court · 1909
- Lichtstern v. ForehandWisconsin Supreme Court · 1923
- Todd v. WebbSupreme Court of Oklahoma · 1928
- Windsor Trust Co. v. ChampignySupreme Court of Connecticut · 1927
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