Sutton v. Wegner
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced in justice’s court, February 11, 1887. On the venue being changed, a complaint was filed, claiming damages for the amount of a promissory note of $100 and interest, and $64 for the use of a horse. The answer was a general denial.
Read the full summary
APPEAL from the County Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced in justice’s court, February 11, 1887. On the venue being changed, a complaint was filed, claiming damages for the amount of a promissory note of $100 and interest, and $64 for the use of a horse. The answer was a general denial. The cause was adjourned from time to time until April 22,1887, when the defendant failed to appear, and the plaintiff obtained judgment. From that judgment the defendant appealed to the county coui’t, May 11, 1887. June…
1Opinion of the CourtCassoday, J.
1. The plaintiff served his amended reply the next day after the service of the original. Tie had the right to amend as “of course, without costs and without prejudice to the proceedings already had.” Sec. 268o, E. S. It may be questionable whether the mere omission of the alleged scandalous words should be regarded as an amendment. Assuming that it should, still the right to make it. as “ of course ” and “ without costs,” should not be taken away by such hasty motion to strike out. Besides, it is not very evident that such amendment was prejudicial to any proceeding-already had. Certainly…
2Cases cited6 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Pinger v. VanclickWisconsin Supreme Court · 1874
- Holt v. ColemanWisconsin Supreme Court · 1884
- Board of Supervisors v. PabstWisconsin Supreme Court · 1885
- Platto v. Western Union Telegraph Co.Wisconsin Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kingsley v. Great Northern Railway Co.Wisconsin Supreme Court · 1895
- Sanborn v. PerryWisconsin Supreme Court · 1893
- Day v. MertlockWisconsin Supreme Court · 1894
- Dick v. WilliamsWisconsin Supreme Court · 1894
- Kafka v. O'MalleySupreme Court of Minnesota · 1946
5 more not listed; retrieve them via the Exa API.