Legal Opinion

B. F. Glover & Son Commission Co. v. Abilene Milling Co.

Missouri Court of Appeals

Decided March 1, 1909PublishedCited by 8 opinions

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

  1. Lilly v. TobbeinSupreme Court of Missouri · 1890
  2. House v. DuncanSupreme Court of Missouri · 1872
  3. Thieman v. GoodnightMissouri Court of Appeals · 1885
  4. Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
  5. Hackett v. Van FrankMissouri Court of Appeals · 1906

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Webster v. Joplin Water Works CompanySupreme Court of Missouri · 1944
  2. Cindrick v. ScottMissouri Court of Appeals · 1931
  3. Pickel Stone Co. v. McClintinMissouri Court of Appeals · 1913
  4. Craig v. Metropolitan Life InsuranceMissouri Court of Appeals · 1927
  5. Turner v. NobleMissouri Court of Appeals · 1923

3 more not listed; retrieve them via the Exa API.

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