Fogarty v. Horrigan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Washington County. Action commenced in justice’s court, for a trespass to plaintiff’s close. Defendant first answered by a general denial, and procured an adjournment for one week On tbe adjourned day, be amended bis answer by setting up an express license from plaintiff to do tbe acts complained of, and also alleging that be and plaintiff were tenante in common of said close at tbe time laid.
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APPEAL from tbe Circuit Court for Washington County. Action commenced in justice’s court, for a trespass to plaintiff’s close. Defendant first answered by a general denial, and procured an adjournment for one week On tbe adjourned day, be amended bis answer by setting up an express license from plaintiff to do tbe acts complained of, and also alleging that be and plaintiff were tenante in common of said close at tbe time laid. On defendant’s application and affidavit, a further adj oumment for eight days was granted. On the second adj ourned day, defendant applied for leave to further amend…
1Opinion of the CourtCole, J.
We fully agree witb tbe circuit judge in tbe opinion tbat there was no abuse of discretion on tbe part of tbe justice in refusing to allow tbe defendant further to amend bis answer by pleading tbe statute of limitations. Tbe defendant was permitted to amend bis answer on tbe adjourned day. On tbe second adjourned day, when tbe parties were about to proceed to trial, tbe defendant again asked to amend so as to set up tbat defense. After tbe issues bad thus been made up, it certainly was no abuse of discretion to refuse to let tbe defendant further amend bis answer to enable him to set up what…
2Cases cited1 opinion
- Jones v. WalkerWisconsin Supreme Court · 1867
3Cited by5 opinions
- Morgan v. BishopWisconsin Supreme Court · 1884
- Smith v. DragertWisconsin Supreme Court · 1884
- Capron v. Supervisors of Adams CountyWisconsin Supreme Court · 1878
- Hawley v. HarranWisconsin Supreme Court · 1891
- Meade v. LaweWisconsin Supreme Court · 1873