Zelof v. Capital City Transfer, Inc.

The trial court with some justification relied on McCartie v. Muth (1939), 230 Wis. 604, 284 N. W. 529, which stated “we consider that in a case where the damages are unliquidated, as here, the granting of the amendment should be denied except on condition of a new trial, at least on the question of damages.” The McCartie Case, which involved an ad damnum clause of $4,000 and a verdict of $5,000, relied on Pierce v. Northey (1861), 14 Wis. 10 (*9). The Pierce Case clearly held that leave to amend the ad damnum clause to increase it to the amount of the verdict should have been upon the…