Rice v. Ashland
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland -county: JohN K. PaRish, Circuit Judge." Action for money bad and received.
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Appeal from a judgment of tbe circuit court for Ashland -county: JohN K. PaRish, Circuit Judge." Action for money bad and received. Tbe complaint is substantially as follows: August 7, 1886, tbe county clerk of Ashland county, in its behalf, received of plaintiffs John H. Rice and James E. Paimer, $17,065.73, as payment for tbe right, title; and interest of such county in certain lands (par^ tieularly described), which sum said clerk in good faith ■represented was the full amount required to be paid in order to enable him to convey the county’s interest in said lands. Rice and Palmer relied…
1Opinion of the Court
Maeshall, J".
The various assignments of error will he considered in their order.
1. Did the court err in refusing to allow defendant to amend its answer, setting up the statute of limitations ? The application for leave to amend was addressed to the sound discretion of the court. Whereatt v. Worth, 108 Wis. 291, 84 N. W. 441. We are unable to see that such discretion was abused. True, there were circumstances palliating the omission to set up the defense of the statute of limitations when the answer was interposed. Nevertheless, all the facts were then known to appellant’s officers, or might…
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