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MUELLER v. MERZ

23 Wis.2d 588 (1964)

MUELLER, Respondent, v. MERZ, Appellant.

Supreme Court of Wisconsin.

April 28, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Henry L. Arnold of Milwaukee.

For the respondent there was a brief by Sherman E. Stock of Milwaukee, attorney, and Mark M. Camp of Wauwatosa of counsel, and oral argument by Mr. Camp.

FAIRCHILD, J.

The defendant contends that the trial court abused its discretion by allowing plaintiff to amend his complaint and by ordering a further amendment. Sec. 269.44, Stats., provides:

"The court may, at any stage of any action or special proceeding before or after judgment, in furtherance of justice and upon such terms as may be just, amend any process, pleading or proceeding, notwithstanding it may change the action from one at law to one in equity...

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