67 Wis. 447 | Wis. | 1886
The original complaint before the justice was that the plaintiffs put in certain crops on the premises in question, and were the owners thereof, and that the defendant purchased said premises, and, at the time of said purchase, agreed to harvest and thresh said crops and deliver to the plaintiffs one half thereof. In the circuit court, on appeal, the plaintiffs were allowed to amend said complaint by adding after the words, “ at the time of said purchase,” the words, “and as part of the purchase money thereof.” On the argument of the cause before the jury the defendant’s counsel offered to read to the jury the original complaint, “ for the purpose of showing what the allegation of the plaintiffs was in the original complaint as to the contract.” This offer was refused, and exception was taken by defendant’s counsel to such ruling. This is the only question in the case.
The original complaint as to such fact had not been introduced in evidence on the trial. That complaint was not then the complaint or a pleading in the cause upon which the trial was being had. The cause was being tried upon the amended complaint and, there being no objection to the amendment, the original complaint drops out of the record and will be no part of the judgment roll in that action. Sec. 2898, R. S. The original complaint will, of course, remain on file among the papers in the cause, but not as the complaint; and the facts therein stated under oath will be statements of the plaintiffs, that may be shown in evidence to contradict any subsequent statements of fact
By the Court.— The judgment of the circuit court is affirmed.