Damp v. Town of Dane
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This case was before this court on a former occasion on an appeal from a judgment therein for the plaintiff; and such judgment was reversed and a new trial awarded. 29 Wis., 419. As there stated in the opinion, during the progress of the cause in the circuit court, the defendant obtained leave to file a supplemental answer, and subsequently a demurrer thereto was sustained, (p. 425.) The order granting leave to file such…
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APPEAL from the Circuit Court for Dane County. This case was before this court on a former occasion on an appeal from a judgment therein for the plaintiff; and such judgment was reversed and a new trial awarded. 29 Wis., 419. As there stated in the opinion, during the progress of the cause in the circuit court, the defendant obtained leave to file a supplemental answer, and subsequently a demurrer thereto was sustained, (p. 425.) The order granting leave to file such supplemental answer required the defendant to pay the costs of the action to the date of the order. These costs were duly taxed…
1Opinion of the Court
Lyon J.
The plaintiff had an undoubted right to discontinue his action, and the court ordered it discontinued upon his suggestion contained in the motion to offset the costs. There was therefore no error in that portion of the order. McLeod v. Bertschy, ante, 176.
It is in the sound discretion of the court to grant or refuse leave to interpose a supplemental pleading. Were it otherwise, the statute would not require an application for leave to do so to be made to the court. R. S., oh. 125, sec. 41. It' being within the discretion of the court to grant such leave, it seems to follow that the…
2Cited by4 opinions
- Ford v. SimmonsSupreme Court of Colorado · 1912
- Abbott v. JohnsonWisconsin Supreme Court · 1879
- Kramer v. K. O. Lee & Son Co.North Dakota Supreme Court · 1933
- Kramer v. K.O. Lee Son Co.North Dakota Supreme Court · 1933