Rice, Stix & Co. v. McClure & Harper
Missouri Court of Appeals
Appeal from the DeKalh Circuit Court. — Hon. W. S. Herndon, Judge. (1) A party can not, in an action at law, sue on one cause of action and, then, after the evidence has all been introduced, file an amended petition alleging another and a different cause of action, which other and different cause of action was not in existence at the time the action was originally commenced, and which other and different cause of action accrued subsequently to the commencement of the…
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Appeal from the DeKalh Circuit Court. — Hon. W. S. Herndon, Judge. (1) A party can not, in an action at law, sue on one cause of action and, then, after the evidence has all been introduced, file an amended petition alleging another and a different cause of action, which other and different cause of action was not in existence at the time the action was originally commenced, and which other and different cause of action accrued subsequently to the commencement of the original action. E. S. 1889, sec. 2098; Davis v. Clark, 40 Mo. App. loc. cit. 522. (2) A creditor can not, after having his…
1Opinion of the CourtGill, J.
Statement — In February, 1896, the plaintiffs, wholesale merchants at St. Louis, sued defendants on an account of $824.63 for goods sold and delivered, the petition being in the usual form. Shortly before that (in January, 1896) the defendants made a voluntary assignment under the statute and at the institution of this suit the assignees had qualified and were in possession of the assignors’ property. In April, 1896, the assignees, in pursuance of the assignment statute, and after, due' notice given, sat for the allowance of claims, and the plaintiffs then and there presented their said…
2Cases cited5 opinions
- Eppright v. KauffmanSupreme Court of Missouri · 1886
- Davis v. ClarkMissouri Court of Appeals · 1890
- John O'Brien Boiler Works Co. v. HaydockMissouri Court of Appeals · 1894
- Hayden Slate Co. v. National Cornice & Iron Co.Missouri Court of Appeals · 1895
- Kendrick v. Guthrie Manufacturing Co.Missouri Court of Appeals · 1894
3Cited by5 opinions
- Wycoff v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1910
- Jegglin v. OrrMissouri Court of Appeals · 1930
- Stark v. CooperMissouri Court of Appeals · 1919
- Elsea v. PryorMissouri Court of Appeals · 1901
- Eighth & Morgan Garage & Filling Station v. City of St. LouisSupreme Court of Missouri · 1938