Morrison v. Herrington
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The first count of the amended petition contained a new, distinct, and entirely different cause of notion from that stated in the original petition, and appellant’s motion to strike it out should have been sustained. Lumpkin v. Collier, 69 Mo. 170; Parker v. Bodes, 79 Mo. 88. (2) The amended petition having been filed on plaintiff’s own motion, and without leave of court, should have been stricken out.
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Appeal from Sullivan Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The first count of the amended petition contained a new, distinct, and entirely different cause of notion from that stated in the original petition, and appellant’s motion to strike it out should have been sustained. Lumpkin v. Collier, 69 Mo. 170; Parker v. Bodes, 79 Mo. 88. (2) The amended petition having been filed on plaintiff’s own motion, and without leave of court, should have been stricken out. R. S. 1889, sec. 2115. (3) Under the practice in this state, equity cases are substantially triable de novo in the supreme…
1Opinion of the CourtBlack, P. J.
This was- an action of ejectment to recover eighty acres of land in Sullivan county. The petition as first filed contained one count in the usual form. Before the return term of the writ, the plaintiff filed an amended petition, the first- count of which sets out the plaintiff’s title ' and other matters, and prays for equitable relief, namely, that two deeds, one from the sheriff to Edward Clevenger, and the other from Clevenger to the defendant, be set aside and for naught held; the second count is the same as the original petition, that is to say, a count in ejectment. At the return term…
2Cases cited1 opinion
- Lumpkin v. CollierSupreme Court of Missouri · 1878
3Cited by9 opinions
- Hume v. HopkinsSupreme Court of Missouri · 1897
- Birmingham Ry. L. & P. Co. v. AdamsSupreme Court of Alabama · 1906
- Lane v. DowdSupreme Court of Missouri · 1903
- Shinn v. Guyton & Harrington Mule Co.Missouri Court of Appeals · 1904
- Wells v. EstesSupreme Court of Missouri · 1900
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