Legal Opinion

Pellage v. Pellage

Wisconsin Supreme Court

Decided January 15, 1873PublishedCited by 23 opinions

APPEAL from the Circuit Court for Dane County. The plaintiff, George F. Pellage, brought his action against his father, John H. Pellage, to recover compensation for services rendered in managing and working defendant’s farm after plaintiff became of age. The case is fully stated in the opinion.

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APPEAL from the Circuit Court for Dane County. The plaintiff, George F. Pellage, brought his action against his father, John H. Pellage, to recover compensation for services rendered in managing and working defendant’s farm after plaintiff became of age. The case is fully stated in the opinion. Yerdict and judgment for plaintiff; and defendant appealed. argued that the amendment to the complaint, which was allowed on the day of trial and three years after issue joined, changed the canse of action so materially as to take defendant by surprise, and the judgment on that ground alone should be…

1Opinion of the CourtCole, J.

A motion was made to strike out the bill of exceptions in this case, which was not decided when the cause was reached in its order for argument. The cause was however argued and submitted upon the understanding that it was without prejudice to the motion already made. The questions arising upon the motion, therefore, are first to be considered.

The ground of the motion to strike out the bill is, in substance, that it was not served and settled in time, and that there was no valid order made enlarging the time for settling the same. Written notice of the entry of judgment was given by the…

2Cases cited2 opinions

  1. Fisher v. FisherWisconsin Supreme Court · 1856
  2. Kelly v. Town of Fond du LacWisconsin Supreme Court · 1872

3Cited by23 opinions

  1. Estate of KesslerWisconsin Supreme Court · 1894
  2. Heffron v. BrownIllinois Supreme Court · 1895
  3. Taylor v. ThiemanWisconsin Supreme Court · 1907
  4. Meinshausen v. A. Gettelman Brewing Co.Wisconsin Supreme Court · 1907
  5. Murphy v. MurphySouth Dakota Supreme Court · 1890

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