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WALLEY v. PATAKE

274 Wis. 580 (1957)

WALLEY and wife, Respondents, vs. PATAKE, Appellant.

Supreme Court of Wisconsin.

February 5, 1957.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Vilas H. Whaley, attorney, and L. P. Baumblatt of counsel, both of Racine.

For the respondents there was a brief by Harvey & Harvey, attorneys, and Helm, Myers & Gillett of counsel, all of Racine, and oral argument by Richard G. Harvey and Samuel P. Myers.

BROADFOOT, J.

The question raised by the appeal from the first order relates to the power of the trial court to grant leave to the plaintiffs to serve and file an amended complaint. The defendants contend that the decision of this court upon the previous appeal is res judicata and represents the law of the case. They contend that the plaintiffs, by electing to appeal from the order sustaining the demurrer, forfeited the right to amend their complaint which...

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