Board of Supervisors v. Decker
Wisconsin Supreme Court
.APPEAL from fhe Circuit Court for Kewaunee County. This case bas been twice before this court on appeal, and is reported in 28 Wis., p. 669, and 30 Wis., p. 624; and a statement of the action as originally brought appears in the volume first named.
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.APPEAL from fhe Circuit Court for Kewaunee County. This case bas been twice before this court on appeal, and is reported in 28 Wis., p. 669, and 30 Wis., p. 624; and a statement of the action as originally brought appears in the volume first named. Pursuant to the order made in this court on the last appeal (see 30 Wis., 669), the circuit court of Kewaunee county made an order sustaining the demurrer to the complaint, and granted leave to the plaintiff to amend his complaint. Plaintiff then served an amended complaint, substantially the same as the original, except thar the words “ and…
1Opinion of the CourtCole, J.
The original complaint, according to the decision of this court, stated a cause of action for the wrongful conversion of money, although it was held that the pleading was defective for not setting out the facts showing in what the fraud or wrong of the defendant consisted. 30 Wis., 624. The amended complaint, it is conceded, states a cause of action on *380contract for money bad and received. And the sole question presented is, whether a party, under the form of an amendment, can change the very gist and nature of the action from one ex delicto to one ex coniraciu'l The counsel for the plaintiff…
2Cases cited3 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Brayton v. JonesWisconsin Supreme Court · 1856
- Strœbe v. FehlWisconsin Supreme Court · 1867
3Cited by17 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Post v. CampbellWisconsin Supreme Court · 1901
- Talbot v. GarretsonOregon Supreme Court · 1897
- Carmichael v. ArgardWisconsin Supreme Court · 1881
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