Eldred v. Oconto Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Ejectment. Complaint in the usual form. Original answer a general denial. Defendant afterward moved for- leave to amend its answer by adding a plea of the statute of limitations in support of a tax deed under which it claimed, and which had been of record more than three years before the commencement of the action.
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APPEAL from the Circuit Court for Oconto County. Ejectment. Complaint in the usual form. Original answer a general denial. Defendant afterward moved for- leave to amend its answer by adding a plea of the statute of limitations in support of a tax deed under which it claimed, and which had been of record more than three years before the commencement of the action. Motion denied, and defendant appeals to this court. contended that in allowing amendments, no discrimination should be made as to tbe character of the defense sought to be interposed, whether such as are sometimes called…
1Opinion of the Court
Cole J.
The sole question presented by this appeal is, whether the circuit court was guilty of an abuse of discretion in refusing to permit the defendant to amend'its answer by adding to the general denial, a plea of the statute of limitations in support of a tax déed under which it claims the land in controversy? The original answer was served upon the plaintiff on the 24th of June, 1871, and on the 25th of March, 1872, application was made for leave to amend in order to set up that defense.
We think there was no abuse on the part of the circuit court in denying the application to amend. This…
2Cases cited1 opinion
- Orton v. NoonanWisconsin Supreme Court · 1870
3Cited by5 opinions
- Morgan v. BishopWisconsin Supreme Court · 1884
- Smith v. DragertWisconsin Supreme Court · 1884
- Morgan v. BishopWisconsin Supreme Court · 1882
- Hawley v. HarranWisconsin Supreme Court · 1891
- Dehnel v. KomrowWisconsin Supreme Court · 1875