Richardson v. Chynoweth
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. , Action commenced before a justice of the peace, for an amount alleged to be due plaintiffs from defendant on a book account, for goods and merchandise.
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APPEAL from the Circuit Court for Dane County. , Action commenced before a justice of the peace, for an amount alleged to be due plaintiffs from defendant on a book account, for goods and merchandise. At the trial, defendant appeared in person without an attorney, and after a witness for plaintiffs had testified that defendant had admitted to him the correctness of the account, and promised to pay it, and had not paid it, defendant asked leave to amend his answer (which was a general denial) by setting up certain facts as a counterclaim. It appeared that an adjournment of the cause would be…
1Opinion of the CourtPaine, J.
If the circuit court refused to allow the defendant to file an amended answer upon the ground of .want of power, we think it was mistaken. The appeal being from a judgment of a justice, for more than fifteen dollars, the statute provides that it should be tried in the circuit court as a case originally brought there. And it has been held by this court *659that in such a case the plaintiff may be allowed to amend so as to claim a sum in the circuit court beyond the jurisdiction of the justice. Dressler v. Davis, 12 Wis. 58. Also that a defendant may be permitted to file an answer at the circuit,…
2Cases cited3 opinions
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Dressler v. DavisWisconsin Supreme Court · 1860
- Burnham v. TurnerWisconsin Supreme Court · 1861
3Cited by26 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
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