Merriman v. City of Springfield
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. V. 0. Coltrcme, Special Judge. The amendment was made before trial. Tbe section of the statute containing tbe limitation “when tbe amendment does not change substantially tbe claim or defense” applies only to a case where tbe amendment is offered after tbe evidence is introduced.
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Appeal from Greene Circuit Court. — Hon. V. 0. Coltrcme, Special Judge. The amendment was made before trial. Tbe section of the statute containing tbe limitation “when tbe amendment does not change substantially tbe claim or defense” applies only to a case where tbe amendment is offered after tbe evidence is introduced. Tbe amendment adding tbe wife of plaintiff as a party to tbe suit and alleging that tbe property belonged to her is permissible, under tbe statute and authorities. R. S. 1899, sec. 657; Robertson v. Railway Co., 21 Mo. App. 633; Harkness v. Julian, 53 Mo. 238; Kansas City v.…
1Opinion of the CourtCox, J.
Action for damages to certain lots in the city of Springfield, alleged to have been caused by defendant while improving its streets, causing a large body of surface water to ‘ accumulate and to be discharged upon the lots described in the petition.
The petition was filed August 15, 1905, in which the plaintiff, M'. TI. Merriman, appeared as the only party plaintiff, and ownership of the lots was alleged to be in him. The damage was alleged to have occurred in October, 1900. At the May term, 1906, Caroline E. Merriman was, by order of record, made a party plaintiff. At the January term, 1907,…
2Cases cited3 opinions
- Hackett v. Van FrankMissouri Court of Appeals · 1906
- B. F. Glover & Son Commission Co. v. Abilene Milling Co.Missouri Court of Appeals · 1909
- Butler v. BoyntonMissouri Court of Appeals · 1906
3Cited by1 opinion
- Pickel Stone Co. v. McClintinMissouri Court of Appeals · 1913