Oliver v. Raymond
U.S. Circuit Court for the District of Eastern Wisconsin
At Law. On application for leave to amend complaint before answer.
1Opinion of the Court
SEAMAN, District Judge.
The proposed amendment states an additional cause of action of the same nature and arising out of the same course of transactions alleged in the original complaint; and it is tendered, as I understand the situation, within the time when an amendment is allowable as of course under the state practice. That the plaintiff could have united in the original complaints this cause of action with the one therein set up is unquestionable, and its introduction here may save instituting a second action, tending “to a multiplicity of suits, which the law abhors.” Stein v. Benedict,…
2Cases cited15 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
- Stein v. BenedictWisconsin Supreme Court · 1892
- Northwestern Union Packet Co. v. ShawWisconsin Supreme Court · 1875
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3Cited by2 opinions
- Duncan v. AshwanderDistrict Court, W.D. Louisiana · 1936
- Mims v. ReidCourt of Appeals for the Fourth Circuit · 1921