Smith v. Dragert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shawano County. The case is thus stated by Mr. Justice Cassoday: “This is an action of ejectment brought by the original owner against one in'possession claiming under the grantee in a tax deed. The original answer contained a general denial, and an ineffectual attempt to plead several statutes of limitation, as held by this court.
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APPEAL from the Circuit Court for Shawano County. The case is thus stated by Mr. Justice Cassoday: “This is an action of ejectment brought by the original owner against one in'possession claiming under the grantee in a tax deed. The original answer contained a general denial, and an ineffectual attempt to plead several statutes of limitation, as held by this court. Smith v. Dragert, 60 Wis. 139. On the case being remanded to the trial court, the defendant, upon affidavits and notice, applied to the trial court for leave to serve and file an amended answer properly setting up the statute of…
1Opinion of the CourtCassoday, J.
The allowance or disallowance of an amendment to a pleading setting up a statute of limitation or a plea of usury, rests in the sound discretion of the trial court, under all the circumstances of the case. In accordance with that principle this court has frequently sustained orders of the trial court refusing to grant such amendment. Fogarty v. Harrigan, 28 Wis. 142; Eldred v. Oconto Co. 30 Wis. 206; Meade v. Lawe, 32 Wis. 261; Dehnel v. Komrow, 37 Wis. 336; Plumer v. Clarke, 59 Wis. 646. It has also sanctioned the right of the trial court, in the exercise of such discretion, to grant such…
2Cases cited17 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Newman v. KershawWisconsin Supreme Court · 1860
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Orton v. NoonanWisconsin Supreme Court · 1870
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1883
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3Cited by10 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Paschong v. HollenbeckWisconsin Supreme Court · 1961
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Binder v. McDonaldWisconsin Supreme Court · 1900
- Schaetzel v. City of HuronSouth Dakota Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.