B. F. Glover & Son Commission Co. v. Abilene Milling Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Hermann Brumback, Judge. (1) The law does not permit such a change or amendment of parties as amounts to a substitution of an entirely new party plaintiff or defendant for the original plaintiff or defendant. Sears v. Loan Co., 56 Mo. Aiip. 122; Altheimer y. Teuscher, 47 Mo. App. 284; Clements y. Greenwell, 40 Mo. App. 594; Courtney v. Sheelhy, 38 Mo. App. 290; Thompson y. Allen, 86 Mo. 85; Hall y. School Dist., 36 Mo.
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Appeal from Jackson Circuit Court. — Eon. Hermann Brumback, Judge. (1) The law does not permit such a change or amendment of parties as amounts to a substitution of an entirely new party plaintiff or defendant for the original plaintiff or defendant. Sears v. Loan Co., 56 Mo. Aiip. 122; Altheimer y. Teuscher, 47 Mo. App. 284; Clements y. Greenwell, 40 Mo. App. 594; Courtney v. Sheelhy, 38 Mo. App. 290; Thompson y. Allen, 86 Mo. 85; Hall y. School Dist., 36 Mo. App. 21. (2) The attempted amendment as to defendant in this case amounts to a complete substitution of new defendants for those…
1Opinion of the CourtBroaddus, P. J.
This is a case of interplea. On December 6 plaintiff instituted suit by attachment against the following-named parties,' “Abilene Milling Company, a corporation, and W. H. Yohe and-Glade and John Doe, doing business as Abilene Milling Company.” An affidavit and bond in attachment were made by plaintiff and a writ of attachment was issued, delivered to the sheriff, and by him levied on a carload of flour, which he sold as perishable property and the proceeds in the sum of |890 is now in his hands.
On February 4, 1906, the Abilene National Bank filed its interplea in the cause claiming the money…
2Cases cited14 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- House v. DuncanSupreme Court of Missouri · 1872
- Thieman v. GoodnightMissouri Court of Appeals · 1885
- Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
- Hackett v. Van FrankMissouri Court of Appeals · 1906
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3Cited by8 opinions
- Webster v. Joplin Water Works CompanySupreme Court of Missouri · 1944
- Cindrick v. ScottMissouri Court of Appeals · 1931
- Pickel Stone Co. v. McClintinMissouri Court of Appeals · 1913
- Craig v. Metropolitan Life InsuranceMissouri Court of Appeals · 1927
- Turner v. NobleMissouri Court of Appeals · 1923
3 more not listed; retrieve them via the Exa API.