Flanders v. Wood
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Ou au application made to them, the supervisors of the town of Merrimac, in said county, refused to lay out a highway through plaintiff’s lands ; but on appeal to commissioners (secs. 77-82, ch. 19, R. S.) their decision was reversed. Plaintiff then brought this action to restrain the laying out of said road.
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APPEAL from the Circuit Court for Sauk County. Ou au application made to them, the supervisors of the town of Merrimac, in said county, refused to lay out a highway through plaintiff’s lands ; but on appeal to commissioners (secs. 77-82, ch. 19, R. S.) their decision was reversed. Plaintiff then brought this action to restrain the laying out of said road. On the trial, he claimed, and defendants denied, that the complaint had been amended within twenty days after the service of the answer. The conrt, holding that it had not been amended, and that no evidence would be admissible under it even…
1Opinion of the CourtCole, J.
Technically speaking, we think the amendment of the complaint had not been perfected. We do not understand that an amended complaint was served within twenty days after answer, but merely that the amendment was served upon the opposite attorney, with a notice that the original complaint had been so amended.
Now, we think, either the proposed amendment should have been also inserted in the original complaint on file, by leave of court, or the amendment at least should have been filed, so that the papers on file would show what the amended pleadings were. This, it appears to us, was necessary in…
2Cases cited2 opinions
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- Mohawk & Hudson Rail Road v. ArtcherNew York Court of Chancery · 1836
3Cited by6 opinions
- Uren v. WalshWisconsin Supreme Court · 1883
- Smart v. HartWisconsin Supreme Court · 1890
- Miller v. HoeschlerWisconsin Supreme Court · 1904
- Prudente v. NechanickyIdaho Supreme Court · 1961
- Mueller v. BrotzWisconsin Supreme Court · 1919
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