Nunn v. Bird
Oregon Supreme Court
From Multnomah : Alfred F. Sears, Jr., Judge. Action by W. H. Nunn against Mary Bird and others, to recover the possession of certain personal property, or the sum of $350, its value, in case possession thei’eof cannot be had.
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From Multnomah : Alfred F. Sears, Jr., Judge. Action by W. H. Nunn against Mary Bird and others, to recover the possession of certain personal property, or the sum of $350, its value, in case possession thei’eof cannot be had. It is alleged in the complaint, in effect, that on January 19, 1897, the defendants delivered to W. C. Smith their promissory note for $316, payable in six months, with interest at the rate of ten per cent, per annum, and to secure the payment thereof gave him a mortgage upon their household goods and furniture, which provided that, if default should be made in the…
1Opinion of the CourtJustice Moore
1. It is contended by plaintiff’s counsel that the court erred in permitting the answer to be amended at the time and in the manner indicated. The statute authorizes the court at the trial, in furtherance of justice, to allow an amendment to be made to a pleading so that it may conform to the facts proved, provided, however, that the cause of action or defense is not thereby changed : Hill’s *518Arm. Laws, § 101. The trial court being invested with such power, its exercise must necessarily be a matter of discretion, and, like all orders of such character, will not be reviewed upon appeal except…
2Cases cited28 opinions
- State v. Foot YouOregon Supreme Court · 1893
- Giachetta v. MarquamOregon Supreme Court · 1893
- Doyle v. StateSupreme Court of Florida · 1897
- State v. AbramsOregon Supreme Court · 1883
- People v. BarneyCalifornia Supreme Court · 1896
23 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Muskogee Electric Traction Co. v. ReedSupreme Court of Oklahoma · 1913
- Bramwell v. RowlandOregon Supreme Court · 1927
- Coast Finance Corp. v. Powers Furniture Co.Oregon Supreme Court · 1922
- McCargar v. WileyOregon Supreme Court · 1924
- Zimmerman v. Sunset Lumber Co.Oregon Supreme Court · 1910
11 more not listed; retrieve them via the Exa API.