Sweet v. Mitchell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. A report of this cause upon a former appeal will be found in 15 Wis., 641, where a full abstract is given of the pleadings and of the amendments to the complaint which the court refused the plaintiff leave to make. After the cause was^ remitted, the plaintiff offered the same amendments, basing his motion upon an affidavit which is suffiiently described in the opinion infra.
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APPEAL from the Circuit Court for Dane County. A report of this cause upon a former appeal will be found in 15 Wis., 641, where a full abstract is given of the pleadings and of the amendments to the complaint which the court refused the plaintiff leave to make. After the cause was^ remitted, the plaintiff offered the same amendments, basing his motion upon an affidavit which is suffiiently described in the opinion infra. Leave to thus amend having been refused, plaintiff moved that the cause be dismissed without prejudice; but the motion was denied. Afterwards the plaintiff’s counsel entered…
1Opinion of the Court
By the Court,
Dixon, O. J.
The amendments proposed are the same which were offered at the first trial and refused, and the decision affirmed by this court. Sweet v. Mitchell, 15 Wis., 641. After the judgment was reversed and the cause remanded for a new trial as there directed, the plaintiff again moved, on notice, for leave to amend, founding his application upon the affidavit of his attorneys. The affidavit is, that the attorneys “ verily believed up to the time of the said trial that the plaintiff could recover and prevail by virtue of the parol contracts set forth in said complaint, without…
2Cases cited3 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Sweet v. MitchellWisconsin Supreme Court · 1862
- Jackson ex dem. Abby v. SmithNew York Supreme Court · 1826
3Cited by4 opinions
- State ex rel. Burlington & Missouri River Railroad v. ScottNebraska Supreme Court · 1888
- O'Connor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- Ball v. McGeochWisconsin Supreme Court · 1890
- Imhoff v. Chicago & Milwaukee RailroadWisconsin Supreme Court · 1868