Bassett v. Jenkins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. After a jury had been impaneled and sworn, and the jury fee paid by the plaintiffs, defendant objected to the introduction of certain evidence essential to support the action, on the ground that the complaint was insufficient to make such evidence admissible. Thereupon, by leave of court, plaintiffs amended the complaint, and then offered the evidence in question.
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APPEAL from the Circuit Court for Chippewa County. After a jury had been impaneled and sworn, and the jury fee paid by the plaintiffs, defendant objected to the introduction of certain evidence essential to support the action, on the ground that the complaint was insufficient to make such evidence admissible. Thereupon, by leave of court, plaintiffs amended the complaint, and then offered the evidence in question. The defendant’s attorneys then offered to read an affidavit showing that they were surprised by the allowance of such amendment, and were not ready for trial under the amended…
1Opinion of the CourtGoins, J.
The question as to the sufficiency of the complaint or the materiality of the amendment, is not before us. The appeal is from an order continuing the cause, which is not appealable. Waldo v. Rice, 18 Wis., 405; Roby v. Hudd, 22 id., 638; Johnston v. Reiley, 24 id., 494; Supervisors of Kewaunee Co. v. Decker, 28 id., 669; McLeod v. Bertschy, 30 id., 324; Reed v. Lueps, id., 561. It is true, in the order leave is given the plaintiffs to serve and file an amended complaint, which would obviate the defendant’s objection to the *200original complaint; but this does not change the character of the…
2Cases cited1 opinion
- Waldo v. RiceWisconsin Supreme Court · 1864
3Cited by2 opinions
- Whitefoot v. LeffingwellWisconsin Supreme Court · 1895
- Sowards v. StephensWisconsin Supreme Court · 1885