Consolidated Canal Co. v. Peters
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. A. C. Baker, Judge.
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APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. A. C. Baker, Judge. Statement of facts:—■ This is an action brought by the appellee, A. J. Peters, to recover of the appellant, the Consolidated Canal Company, the sum of five thousand dollars damages for the loss and destruetion of appellee’s crop of grain on section 17, township 1 south, range 5 east, in Maricopa County, for the crop-raising season of 1893. The destruction of said crop is, in the original complaint filed herein, alleged to have been caused by the failure of the…
1Opinion of the CourtHawkins, J.
(after stating the facts).—I do not deem it necessary to review the action of the court below in sustaining the motion of plaintiff, after the evidence was closed on the trial of the original complaint, to be allowed to amend his complaint. This action was in the discretion of the court below. The contract set out in the amended complaint was executed on the 30th of September, A. D. 1892, and declared to be for the ensuing year. In the closing part of the third subdivision of said complaint it is alleged that the said contract was made for “the crop-raising season of 1892.” This is probably a…
2Cases cited8 opinions
- Hurt v. SalisburySupreme Court of Missouri · 1874
- Martin v. FewellSupreme Court of Missouri · 1883
- Richardson v. PittsSupreme Court of Missouri · 1879
- Pettis v. AtkinsIllinois Supreme Court · 1871
- Smith v. WardenSupreme Court of Missouri · 1885
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3Cited by4 opinions
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