Coleman v. Drane
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The court erred in permitting the plaintiff to amend his petition on the trial of the case by causing to be inserted in the record the amendment he desired to be made, over the objections of the defendant, and in that the court refused to require plaintiff to file an amended petition setting out, and in the same, his ■entire cause of action in one pleading.
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Appeal from Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The court erred in permitting the plaintiff to amend his petition on the trial of the case by causing to be inserted in the record the amendment he desired to be made, over the objections of the defendant, and in that the court refused to require plaintiff to file an amended petition setting out, and in the same, his ■entire cause of action in one pleading. Revised Statutes, 1889, sec. 2107, p. 553; Ward v. Davidson, '89 Mo. 455; Calaban v. McMahan, 33 Mo. 110; Basoye v. Ambrose, 28 Mo. 39. (2) The court committed ■error…
1Opinion of the CourtMacfarlane, J.
This suit is ejectment to recover a. strip of land containing about four acres off the north side of the northeast quarter of the northeast quarter of section 33, township 26, range 16, in Mississippi county. Defendant owned and was in possession of the southeast quarter of the southeast quarter of section 28 of said township and' range, immediately north of and adjoining the said northeast quarter of the northeast quarter of section 33. There was no dispute that plaintiff had the paper title to said northeast quarter of the northeast quarter of section 33.
Defendant claimed, first, that his…
2Cases cited7 opinions
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Mississippi County v. VowelsSupreme Court of Missouri · 1890
- Kincaid v. DormeySupreme Court of Missouri · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Dorman v. East St. Louis Railway Co.Supreme Court of Missouri · 1934
- Dudley v. ClarkSupreme Court of Missouri · 1914
- Lackland v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
- Webb v. BaldwinMissouri Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.