Vilas v. Mason
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The premises known as the “Yilas House,” in the city of Madison, were held by one Dutcher from the plaintiff, under a lease which was to expire on the first of October, 1864; and in April, 1864, with plaintiff’s consent, Butcher’s interest under the lease was sold and assigned to the defendant, who entered into possession. In October, 1864, the lease was renewed for one year by oral agreement between plaintiff and defendant.
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APPEAL from the Circuit Court for Dane County. The premises known as the “Yilas House,” in the city of Madison, were held by one Dutcher from the plaintiff, under a lease which was to expire on the first of October, 1864; and in April, 1864, with plaintiff’s consent, Butcher’s interest under the lease was sold and assigned to the defendant, who entered into possession. In October, 1864, the lease was renewed for one year by oral agreement between plaintiff and defendant. During the first week of October, 1865, defendant left the premises, and thereafter this action was brought against him on…
1Opinion of the CourtPaine, J.
Assuming that an amendment of tbe answer was necessary, in order to let in tbe proof of tbe defendant’s counterclaim, it was not an abuse of discretion for tbe court to allow it. . Where tbe amendment is one merely necessary to perfect a cause of action or defense defectively stated, it has been too often held proper to allow it upon tbe trial, upon just terms, to be longer an open question.' This would not be contro*319verted; but the appellant’s counsel contends that the amendment here allowed introduced an entirely new and different counterclaim from that originally set up. An examination…
2Cases cited2 opinions
- Norton v. KearneyWisconsin Supreme Court · 1860
- Ainsworth v. BowenWisconsin Supreme Court · 1859
3Cited by27 opinions
- Scott v. WaggonerMontana Supreme Court · 1914
- Quick v. MilliganIndiana Supreme Court · 1886
- Looney v. Trimount Theatres, Inc.Massachusetts Supreme Judicial Court · 1933
- Mickle & Co. v. DouglasSupreme Court of Iowa · 1888
- Schara v. ThiedeWisconsin Supreme Court · 1973
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