Legal Opinion

Allen v. Ranson

Supreme Court of Missouri

Decided July 15, 1869PublishedCited by 23 opinions

jError to First District Court. I. The power of allowing amendments is discretionary witb the courts, and, unless such discretion has been abused or unsoundly exercised, the action of the courts in giving or refusing leave to amend is not to be disturbed. (Gurtou v. Cannada, 39 Mo. 364 ; Powers v. Nelson, 19 Mo. 190; Green v. Gallagher, 35 Mo. 226; Eerguson v. Han. & St. Jo.

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jError to First District Court. I. The power of allowing amendments is discretionary witb the courts, and, unless such discretion has been abused or unsoundly exercised, the action of the courts in giving or refusing leave to amend is not to be disturbed. (Gurtou v. Cannada, 39 Mo. 364 ; Powers v. Nelson, 19 Mo. 190; Green v. Gallagher, 35 Mo. 226; Eerguson v. Han. & St. Jo. R.R., 35 Mo. 452 ; Dozier v. Jerman, 30 Mo. 216 ; Chauvin v. Lownos, 23 Mo. 227.) H. As the amendment was proposed to be made during the trial, and changed substantially the defense, it was properly refused. (Gen. Stat.…

1Opinion of the CourtBliss, Judge

Defendant and wife, with her two brothers, W. W. and Geo. W. Talley, on the first of December, 1859, executed to plaintiff a mortgage of forty acres of land near Kansas City, to secure the payment of defendant’s note to plaintiff for $3,549.73. The mortgage contained a power of sale by the mortgagee, or by the marshal of the Court of Common Pleas of Kansas City, and was acknowledged before a justice of the peace. On the 18th of April, 1862, John G. Hayden, then marshal of said Court of Common Pleas, advertised and sold the property at public sale, and it was bid in for $3,600 by one S. S.…

2Cases cited5 opinions

  1. Bryan v. WearSupreme Court of Missouri · 1835
  2. Thornton v. IrwinSupreme Court of Missouri · 1869
  3. Beal v. HarmonSupreme Court of Missouri · 1866
  4. Reed v. WilsonSupreme Court of Missouri · 1850
  5. West v. BestSupreme Court of Missouri · 1859

3Cited by23 opinions

  1. Kitchen v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
  2. Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
  3. Copsey v. Sacramento BankCalifornia Supreme Court · 1901
  4. Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
  5. Deiner v. SutermeisterSupreme Court of Missouri · 1915

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