Yates v. French
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee-County. Ou commencing this action against French and Milter, plaintiff had certain property of the latter attached; and Miller procured the property to be released from the attachment, by giving an undertaking with sureties as provided by statute.
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APPEAL from the Circuit Court for Milwaulcee-County. Ou commencing this action against French and Milter, plaintiff had certain property of the latter attached; and Miller procured the property to be released from the attachment, by giving an undertaking with sureties as provided by statute. An answer to the original complaint was duly filed, and served February 13, 1869 ; and two days afterward the plaintiff served an amended complaint, differing from the former only in the amount of damages claimed. On the ,16th of April, following, plaintiff notified defendants’ attorneys that he had…
1Opinion of the CourtDixon, C. J.
The single question is, whether the defendants were required to answer de novo after amendment of the complaint, or were at liberty, if they saw fit, to let their answer to the original complaint stand as their answer to the amended one. The complaint was amended, as of course, under sec. 36, ch. 125, E. S., after the answer was put in, but the matters in issue remained unchanged: Nothing new was set up by the amendment requiring a new or different answer from the one made to the original complaint. The amendment consisted only in changing the ad damnum clause. The amount of damages claimed…
2Cases cited4 opinions
- Brown v. Saratoga RailroadNew York Court of Appeals · 1859
- Saltus v. BayardNew York Supreme Court · 1834
- Kilts v. SeeberNew York Supreme Court · 1854
- Union Bank v. MottNew York Supreme Court · 1860
3Cited by11 opinions
- Gray v. HallCalifornia Supreme Court · 1928
- Steinbauer v. BondesenCalifornia Court of Appeal · 1932
- Ellison v. StrawWisconsin Supreme Court · 1903
- Knips v. StefanWisconsin Supreme Court · 1880
- Markey v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1915
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