Wisconsin Reports (Volume 114); Cases Determined in the Supreme Court of Wisconsin

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1903. Not illustrated. Excerpt: ... plaintiff in such case being entitled to rest on his statutory reply and insist that the issue raised be tried regularly as other issues of fact are tried. Ashland v. W. C. R. Co. 104 Bill of particulars not evidence. See Evidence, 1. Amendment of pleading: New facts: Statute of limitations. 5. Where a judgment is reversed because certain essential facts do not appear, and the cause is remanded with direction to allow such facts to be shown, it is not error, though perhaps unneces- sary, to allow the complaint to be amended so as to allege such facts. Emerson v. Schwindt, 124 6. Refusal to permit an answer to be amended by setting up the statute of limitations is held not an abuse of discretion, it ap- pearing that at the time of answering all the material relevant facts were known to defendant, or might have been known by the exercise of ordinary diligence, that were known when the application for leave to amend was made. Rice v. Ashland Co. 130 7. Refusal to permit an answer to be amended so as to set up the statute of limitations is not a material error where it appears that the action was commenced within the time limited. Jb id. Pleading by particular persons or in particular cases. See Corpora- Tions, 2, 3. Municipal Corporations, 1. Executors, 1. Replevin. Pleading in cri7ninal cases. See Criminal Law, 1-5. Police Power. See Constitutional Law, 8, 9. Waters, 3, 4. Possession. Of land. See Ejectment. Tenants In Common. . Of chattels. See Replevin. Sales. 1-3. Posting of notices. See Tax Sales, 4, B. Practice. See Action. Appeal. Assignment. Bankruptcy. Costs. Criminal Law And Practice. Depositions. Discontinuance. Divorce. Equity. Evidence. Execution. Garnishment. Judg- Ment. Justices' Courts. Officers, 1, 3. Parties. Pleading. Supreme Court. Tria...