Rucker v. Bolles
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This was an action by Bolles against Rucker upon the following contract which was set forth at length in the complaint: “This agreement made this sixteenth day of April, A. D. 1892, by and between A. W. Rucker, of the County of Arapahoe and State of Colorado, party of the first part, and Richard J. Bolles, of the City of New York and State of New York, party of the second part, Witnesseth: “That…
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In Error to the Circuit Court of the United States for the District of Colorado. This was an action by Bolles against Rucker upon the following contract which was set forth at length in the complaint: “This agreement made this sixteenth day of April, A. D. 1892, by and between A. W. Rucker, of the County of Arapahoe and State of Colorado, party of the first part, and Richard J. Bolles, of the City of New York and State of New York, party of the second part, Witnesseth: “That said party of the first part in consideration of the sum of twenty-seven thousand five hundred ($27,500) dollars to him…
1Opinion of the CourtVan Devanter, Circuit Judge
It is assigned as error that the court refused to permit the defendant to amend his answer, but, as the record does not disclose the nature of the amendment which was proposed, the presumption is that the refusal was right. Rulings in respect of the amendment of pleadings or process are largely within the discretion of the trial court, and constitute no ground for reversal unless a gross abuse of that discretion is shown. Rev. St. § 954 [U. S. Comp. St. 1901, p. 696] ; Range v. Union Pacific R. Co., 62 C. C. A. 48, 126 Fed. 338; Sawyer v. Piper, 189 U. S. 154, 23 Sup. Ct. 633, 47 L. Ed. 757.…
2Cases cited23 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Doon v. SmithOregon Supreme Court · 1893
- Milbank v. . JonesNew York Court of Appeals · 1891
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
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3Cited by5 opinions
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- Arkansas Amusement Corporation v. KempnerCourt of Appeals for the Eighth Circuit · 1932
- Meyer v. Everett Pulp & Paper Co.Court of Appeals for the Ninth Circuit · 1912
- Great Northern Ry. Co. v. HerronCourt of Appeals for the Eighth Circuit · 1905
- Rail & River Coal Co. v. PaisleyCourt of Appeals for the Third Circuit · 1916