Brown v. Bosworth
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. The cause was before this court on a former appeal, and is reported in 58 Wis. 379. When the cause was again brought to trial, after the reversal.of the judgment in favor of the plaintiff, the defendants applied for leave to amend their answer, which was granted, and from the order entered in that behalf the plaintiff appealed. Other facts are stated in the opinion.
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APPEAL from the Circuit Court for Marathon County. The cause was before this court on a former appeal, and is reported in 58 Wis. 379. When the cause was again brought to trial, after the reversal.of the judgment in favor of the plaintiff, the defendants applied for leave to amend their answer, which was granted, and from the order entered in that behalf the plaintiff appealed. Other facts are stated in the opinion. To the point that it was error to allow one defense to be substituted for another at the trial, counsel for the appellant cited Sioeet u. Mitchell, 15 Wis. 641-664; Newton v.…
1Opinion of the CourtCole, C. J.
It is very clear that the defense in the amended or substituted answer is placed on a different ground from the one relied on in the original answer.' In the original answer the trespass was admitted, but the defendants alleged that their servants had entered upon the plaintiff’s land by mistake, and had cut and removed the pine timber therefrom. One of the defendants made an affidavit to 'that effect, and in the answer an offer of judgment for $992.79 was made, in compliance with sec. 4269, R. S. On the trial in the court below and in this court, the defendants claimed if a person, while…
2Cases cited5 opinions
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1862
- Brayton v. JonesWisconsin Supreme Court · 1856
- Brown v. BosworthWisconsin Supreme Court · 1883
- Phœnix Mutual Life Insurance v. WalrathWisconsin Supreme Court · 1882
- Fellows v. President of MenashaWisconsin Supreme Court · 1860
3Cited by6 opinions
- Ft. Wayne & Southwestern Traction Co. v. Ft. Wayne & Wabash Railway Co.Indiana Supreme Court · 1908
- Webb v. WegleyNorth Dakota Supreme Court · 1910
- Turner Manufacturing Co. v. GmeinderWisconsin Supreme Court · 1924
- Kleimenhagen v. DixonWisconsin Supreme Court · 1904
- Thrall v. GosnellIndiana Court of Appeals · 1902
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