Mueller v. Merz

The defendant contends that the trial court abused its discretion by allowing plaintiff to amend his complaint and by ordering a further amendment. Sec. 269.44, Stats., provides :

“The court may, at any stage of any action or special proceeding before or after judgment, in furtherance of justice and upon such terms as may be just, amend any process, pleading or proceeding, notwithstanding it may change the action from one at law to one in equity, or from one on contract to one in tort, or vice versa; provided, the amended pleading states a cause of action arising out of the contract,…