Whitefoot v. Leffingwell
Wisconsin Supreme Court
Appeal from an order of the circuit court for Columbia vcounty: E. G-. Siebeceek, Circuit Judge. The action is on a demand for labor and services. An answer, consisting of a general denial only, was served April 11,1894. On May 4, 1894, and after the cause had been noticed for trial by the plaintiff, the defendant served an amended answer, containing a counterclaim.
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Appeal from an order of the circuit court for Columbia vcounty: E. G-. Siebeceek, Circuit Judge. The action is on a demand for labor and services. An answer, consisting of a general denial only, was served April 11,1894. On May 4, 1894, and after the cause had been noticed for trial by the plaintiff, the defendant served an amended answer, containing a counterclaim. The plaintiff’s .attorney received the amended answer without objection, admitted “ due service ” in writing, and retained it until the term. At the term the defendant’s attorney moved to strike the case from the calendar, on the…
1Opinion of the CourtNewman, J.
It is clear that the defendant had no right to amend his answer, as of course, at the time when his amended answer was served. The statute gave him no right to amend his answer at that time. The statute (sec. 2685, R. S.) provides that any pleading may be amended, of course:.. “ at any time before the period of answering it expires.” The-usual period allowed for answering a pleading is twenty days. That period had expired before the amended answer was served. But there is no period in which an answer is allowed to a pleading which consists only of a general denial. Suck a pleading admits of…
2Cases cited7 opinions
- Wood v. LakeWisconsin Supreme Court · 1860
- McLeod v. BertschyWisconsin Supreme Court · 1872
- Victor Sewing Machine Co. v. HellerWisconsin Supreme Court · 1877
- Davis & Rankin Building & Manufacturing Co. v. Riverside Butter & Cheese Co.Wisconsin Supreme Court · 1893
- Horicon Shooting Club v. GorslineWisconsin Supreme Court · 1888
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3Cited by5 opinions
- Alery v. ALERY, JR., ET UX.Oregon Supreme Court · 1951
- Alsmeyer v. NordenWisconsin Supreme Court · 1961
- Alery v. ALERY, JR., ET UX.Oregon Supreme Court · 1951
- Alery v. ALERY, JR., ET UX.Oregon Supreme Court · 1951
- Rosenthal v. RosenthalNevada Supreme Court · 1915