Monk v. Hurlburt
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Clark county: James O’Neill, Circuit Judge. In February, 1910, John Murray, then seventeen years of age, while attending school at Neillsville, became ill. The plaintiff, a practicing physician and surgeon at Neillsville, was called by Murray’s roommate to treat him. In 1901 Murray’s mother was divorced from his father.
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Appeal from a judgment of tbe circuit court for Clark county: James O’Neill, Circuit Judge. In February, 1910, John Murray, then seventeen years of age, while attending school at Neillsville, became ill. The plaintiff, a practicing physician and surgeon at Neillsville, was called by Murray’s roommate to treat him. In 1901 Murray’s mother was divorced from his father. The decree of divorce gave the custody of the child to the mother and ordered the father to pay to her $5 per month during the minority of the child for his support. Murray’s father has not made these payments. Five years before…
1Opinion of the CourtSiebeckeR, J.
The objection to the amendment of the complaint after verdict, upon the ground that it operated to defendant’s injury, is not sustained. It appears that the parties litigated the questions embraced in this amendment at the trial, both before the justice and in the circuit court. By allowing the 'amendment the court did no more than to conform the pleadings to the proof, pursuant to the provisions *45of sec. 2830, Stats. (1898). All the facts embraced in this pleading were before the court. Under snch a state of the case the action of the court in no way injured the appellant, was promotive of…
2Cases cited5 opinions
- Zilley v. DunwiddieWisconsin Supreme Court · 1898
- Gates v. PaulWisconsin Supreme Court · 1903
- Kleimenhagen v. DixonWisconsin Supreme Court · 1904
- Hopkins v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1906
- McGoon v. IrvinWisconsin Supreme Court · 1845
3Cited by5 opinions
- Madison General Hospital v. HaackWisconsin Supreme Court · 1985
- Klaus v. KlausWisconsin Supreme Court · 1916
- Hoard v. GilbertWisconsin Supreme Court · 1931
- Myers v. Americollect Inc.District Court, E.D. Wisconsin · 2016
- O'Brien v. SpringerNew York Supreme Court · 1951