Stevens v. Brooks
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. This appeal was taken by tbe plaintiff from an order refusing bim leave to amend bis complaint.
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APPEAL from tbe Circuit Court for Dane County. This appeal was taken by tbe plaintiff from an order refusing bim leave to amend bis complaint. Tbe substance of tbe complaint (wbicb was of considerable length) will be found in 22 Wis., pp. 696-700. Tbe amendments proposed were substantially as follows: 1. Strike out all allegations (p. 699) that argued that the power of the court to allow amendments is not limited to the statutory grant, but it may allow amendments on equitable grounds in cases beyond the provisions of the statute. 19 Wend. 53é; 2 Til. & Sherm. Pr. 1036. The case falls within…
1Opinion of the CourtDixoN, C. J.
Tbe provisions of tbe statute of amendments are very liberal, and should be liberally construed in furtherance of justice; but to allow tbe amendment here aslced would be going farther than this court has ever gone. It would, in fact, be to overrule the cases of Newton v. Allis, 12 Wis. 378, and Larkin v. Noonan, 19 id. 82. It is true, those were applications for leave to amend made at the trial, but before any evidence was given on the part of the plaintiffs. It is manifest, however, that there can be no reason for distinguishing between such applications and those made 'befo're trial, where…
2Cases cited2 opinions
- Newton v. AllisWisconsin Supreme Court · 1860
- Stevens v. BrooksWisconsin Supreme Court · 1868
3Cited by11 opinions
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- Carmichael v. ArgardWisconsin Supreme Court · 1881
- Union Pacific Railroad v. SweetSupreme Court of Kansas · 1908
- Harris v. HarrisColorado Court of Appeals · 1897
- Wheeler v. RussellWisconsin Supreme Court · 1896
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