TaiLexi AI U.S. Case Law

Sloteman v. Mack

Sloteman and another v. Mack, imp.

Sloteman v. Mack, 21 N.W. 527 (Wis. 1884)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Wisconsin Supreme Court · State Highest Courts
Decided
November 25, 1884
Judges
Lyon
Citations
21 N.W. 52761 Wis. 5751884 Wisc. LEXIS 259
Headnotes
Striking matter from pleading: Immaterial error. Where, after matter is stricken from a pleading, all evidence admissible under the original pleading can still be introduced, the error, if any, in striking out such matter is immaterial, and the order will be affirmed.
Summary
APPEAL from the Circuit Court for Milwaukee County.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lyon

Text extracted by OCR from a scanned original; check the original for exact wording.

LyoN, J.

This is an appeal from an order striking out certain portions of appellant’s answer. The action is upon a contract for putting a steam-heating and ventilating apparatus in the building of the appellant, one of the defendants. The answer consists of matter pleaded as a defense to the action, and two counterclaims. The portions stricken'out are in the defensive portion of the answer. It is unnecessary to make any more specific statement of the pleadings,” or to determine whether the matter stricken out should have been retained. If it was error to strike out those portions, it is one which does not harm the appellant or affect any substantial right. Under the answer, as it now stands, the appellant may introduce any evidence that he could have introduced under the original answer. Hence the error (if error it be) does not work a reversal of the order. R. S. sec. 2829.

By the Court.— The order of the circuit court is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1885–1886: 11891–1892: 118852026peak 1885 · 1

Relies on it most ⓘ

  1. Brachman v. Kuehnmuench24 N.W. 902 (Wis. 1885)
  2. Prindle v. Haight52 N.W. 1134 (Wis. 1892)

Most recent

  1. Prindle v. Haight52 N.W. 1134 (Wis. 1892)
  2. Brachman v. Kuehnmuench24 N.W. 902 (Wis. 1885)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list