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61 Wis. 575

Sloteman v. Mack

Wisconsin Supreme Court

Decided November 25, 1884

Wisconsin Supreme Court · decided 1884-11-25

<p> Striking matter from pleading: Immaterial error. </p> <p>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.</p>

Cited by 2 later decisions — most recently September 1892

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1884-11-25

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LyoN, J.

¶1This 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.

¶2By the Court.— The order of the circuit court is affirmed.

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