Baldock v. Atwood
Oregon Supreme Court
Defendants appeal. This cause was finally tried upon the second amended complaint, which was filed by leave of the court after the evidence was all taken, apparently to conform the pleadings to the facts proved.
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Defendants appeal. This cause was finally tried upon the second amended complaint, which was filed by leave of the court after the evidence was all taken, apparently to conform the pleadings to the facts proved. Said amended complaint alleges: That at all times stated in complaint, plaintiff was a citizen of the United States and over twenty-one years of age; that ever since 1864 plaintiff has been the owner of certain real estate in the complaint described, resided upon the same continually, and used the same for stock raising and agriculture; that at the time of plaintiff’s settlement in…
1Opinion of the CourtStbahaN, C. J.
The first question made by the appellants is the action of the court below in allowing the plaintiff: to file the second amended complaint. It is contended that it is such a departure from the cause of suit set up in the original and first amended complaint, that it is in no sense an amendment, but an original complaint, setting up an entirely new and distinct cause of suit. It is true it contains a number of allegations not found in either the original complaint or the first amended complaint, but this of itself is not sufficient to deprive the plaintiff of the right to amend upon leave of…
2Cases cited3 opinions
- Rogers v. HodgsonSupreme Court of Kansas · 1891
- Miner v. O'HarrowMichigan Supreme Court · 1886
- Leroy & Caney Valley Air-Line Railroad v. SmallSupreme Court of Kansas · 1891
3Cited by22 opinions
- State v. RichardsonOregon Supreme Court · 1906
- York v. NashOregon Supreme Court · 1903
- Foste v. Standard InsuranceOregon Supreme Court · 1894
- LUCKEY ET UX v. DeatsmanOregon Supreme Court · 1959
- Eaid v. National Casualty Co.Oregon Supreme Court · 1927
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