Ball v. McGeoch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwcmltee County-. The following statement of the case was prepared by Mr. Justice Cassoday : . The original complaint alleged, in effect, that at the times mentioned the defendants were copartners under the firm name and style of McGeoch, Everingham & Co.; that prior to July 21, 1883, an account existed between the plaintiff and said firm; that on or about that day said account was stated between the plaintiff and said firm, and upon such…
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APPEAL from the Circuit Court for Milwcmltee County-. The following statement of the case was prepared by Mr. Justice Cassoday : . The original complaint alleged, in effect, that at the times mentioned the defendants were copartners under the firm name and style of McGeoch, Everingham & Co.; that prior to July 21, 1883, an account existed between the plaintiff and said firm; that on or about that day said account was stated between the plaintiff and said firm, and upon such statement a balance of $48,780 was found to be due from said firm to the plaintiff; that the defendants then and there…
1Opinion of the CourtCassoday, J.
The court may upon the trial, or at any other stage of the action before or after judgment, in furtherance of justice, and upon such terms as may be just, amend any pleading by correcting a mistake therein, or by *359inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading to the. facts proved. Sec. 2830, E. S. Notwithstanding the extensive power thus given, it is claimed that the allowance of the amendment of the complaint in the case at bar, in the manner indicated in the foregoing statement, was an…
2Cases cited8 opinions
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- Wells v. American Express Co.Wisconsin Supreme Court · 1880
- Levy v. GoldbergWisconsin Supreme Court · 1876
- Lackner v. TurnbullWisconsin Supreme Court · 1859
- Town of Omro v. WardWisconsin Supreme Court · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Frost v. WitterCalifornia Supreme Court · 1901
- Bloor v. SmithWisconsin Supreme Court · 1901