Brockman v. Berryhill
Supreme Court of Iowa
Appeal from, Linn District Court. The plaintiff filed his petition, alleging an assault and battery, and claiming one thousand dollars damages; to which the defendant filed his answer, denying the allegations of the petition, and averring that what he did do was done in defense of his person and property.
Read the full summary
Appeal from, Linn District Court. The plaintiff filed his petition, alleging an assault and battery, and claiming one thousand dollars damages; to which the defendant filed his answer, denying the allegations of the petition, and averring that what he did do was done in defense of his person and property. When the cause was reached for trial and a jury called, the defendant asked leave to amend his answer by adding a cross-claim for trespass, claiming, as damages, one thousand dollars, which leave the court refused, and the defendant excepted. The jury was then sworn, and after hearing the…
1Opinion of the Court
Cole, J. —
I. The right to amend a pleading is not an absolute and unconditional right; it is to be allowed “in furtherance of justice,” under a sound judicial discretion; and while we would not sanction a violation of either the letter or spirit of our Code, in which the most liberal provisions for amendments are made, we do not discover any abuse'of sound discretion, or violation of those provisions, in the action of the Court in this case. Revision of 1860, §§ 2972, 2975, 2977, 2979; Harvey v. Spaulding, 7 Iowa, 428. In this case the defendant, as the jury was called, asked leave to amend…
2Cases cited2 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Gordon v. PittSupreme Court of Iowa · 1856
3Cited by21 opinions
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
- Cole v. ColeSupreme Court of Iowa · 1867
- Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1901
- McSpadden v. AxmearSupreme Court of Iowa · 1921
- Hays v. TurnerSupreme Court of Iowa · 1867
16 more not listed; retrieve them via the Exa API.