Middleton v. Frame
Supreme Court of Missouri
jError to Buchanan Circuit Court. Suit by attachment on three notes, signed H. T. Frame. The name of the defendant was stated in the petition, affidavit and bond as “ Henry T. Frame.” The writ issued against Iiiram T. Frame, and the sheriff’s return stated that it was levied on property of H. T. Frame. At the return term, Hiram T. Frame filed an interplea, claiming the property attached.
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jError to Buchanan Circuit Court. Suit by attachment on three notes, signed H. T. Frame. The name of the defendant was stated in the petition, affidavit and bond as “ Henry T. Frame.” The writ issued against Iiiram T. Frame, and the sheriff’s return stated that it was levied on property of H. T. Frame. At the return term, Hiram T. Frame filed an interplea, claiming the property attached. On the same day, the plaintiffs were allowed to amend their petition by inserting Hiram T. Frame as the name of the defendant; and obtained leave to file at a subsequent day an amended affidavit and bond.…
1Opinion of the CourtRyland, Judge
The new code gives great latitude to the inferior courts in allowing amendments. (Art. 2, § 5.) “The court may, at any time, in furtherance of justice, and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any respect material to the case, or by conforming the pleading or proceeding to the facts proved.” This entire article is devoted to mistakes in pleading, amendments and new trials.
Heretofore, the courts were loth to allow amendments in suits by attachments.…
2Cited by9 opinions
- Waterman v. YoungerSupreme Court of Missouri · 1872
- Estes v. FrySupreme Court of Missouri · 1901
- Gantner v. KemperSupreme Court of Missouri · 1875
- Claflin v. HooverMissouri Court of Appeals · 1886
- Miller v. MillerMissouri Court of Appeals · 1913
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