Hare v. Marsh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The case is thus stated by Mr. Justice Cassoday: “ This action was commenced in a justice’s court against the defendant Marsh alone, for an assault and battery, claiming as damages $200 or under. Marsh interposed a general denial. On the trial in that court the plaintiff recovered a judgment fór $25 damages, and costs.
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APPEAL from the Circuit Court for Brown County. The case is thus stated by Mr. Justice Cassoday: “ This action was commenced in a justice’s court against the defendant Marsh alone, for an assault and battery, claiming as damages $200 or under. Marsh interposed a general denial. On the trial in that court the plaintiff recovered a judgment fór $25 damages, and costs. Marsh appealed from that judgment to the circuit court, and, to stay execution pending such appeal, gave an undertaking, executed by himself as principal and the defendant Dough-erty as surety, to the effect, after reciting the…
1Opinion of the CourtCassoday, J.
There is no claim that the allowance of the amendment to the complaint increasing the claim for damages was an abuse of discretion. The power of the circuit court to allow such amendment increasing the amount, exceeding the jurisdiction of the justice, was unquestionable and unquestioned. Dressler v. Davis, 12 Wis. 58; Richardson v. Chynoweth, 26 Wis. 656; Heath v. Heath, 31 Wis. 223. Of course, the action was triable in that court the same “ as actions originally brought there.” Sec. 3768, E. S. Hence the pleadings were open to amendment in that court, the same as if the action had been…
2Cases cited8 opinions
- Richardson v. ChynowethWisconsin Supreme Court · 1870
- Lavery v. CrookeWisconsin Supreme Court · 1881
- Sage v. StrongWisconsin Supreme Court · 1876
- Heath v. HeathWisconsin Supreme Court · 1872
- Dressler v. DavisWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hall v. HallMassachusetts Supreme Judicial Court · 1908
- McNeilly v. DriscollMassachusetts Supreme Judicial Court · 1911
- Vosburg v. PutneyWisconsin Supreme Court · 1890
- Madigan v. Town of SchaghticokeAppellate Division of the Supreme Court of the State of New York · 1911
- William W. Bierce, Ltd. v. WaterhouseHawaii Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.