State ex rel. First National Bank v. Bourne
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. David E. BlaAr, Judge. (1) It is a rule of pleading in this state that no amendment will he allowed that will change the cause of action, and we contend that the second writ and petition changed the entire cause of action in this case, and in support of our position cite the following authorities. Irwin y. Childs, 28 Mo. 576; Harrison y. Hastings, 28 Mo. 346; Clark y. Transfer Co., 127 Mo. 255; State ex rel.
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Appeal from Jasper Circuit Court. — Eon. David E. BlaAr, Judge. (1) It is a rule of pleading in this state that no amendment will he allowed that will change the cause of action, and we contend that the second writ and petition changed the entire cause of action in this case, and in support of our position cite the following authorities. Irwin y. Childs, 28 Mo. 576; Harrison y. Hastings, 28 Mo. 346; Clark y. Transfer Co., 127 Mo. 255; State ex rel. Jackson v. Howard County Court, 41 Mo. 247; Hamlin v. Higgins, 67 Mo. App-. (Me.) 625; People v. Ahearn, 104 N. Y. S. 860'. (2) When a discretion…
1Opinion of the CourtNixon, P. J.
Under the theory adopted by both parties in the presentation of this case to the trial court as well as to this court, two questions are pressed for determination and they will be considered in their order.
I. The appellants’ first assignment is that the court committed error in issuing a second alternative writ of mandamus and in failing to pass upon a demurrer filed by them to the first writ, the contention being that while the first writ was undisposed of the court had no power to issue the second writ and that the defendants’ motion to quash the writ for these reasons should have been…
2Cases cited7 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Council of Glencoe v. People ex rel. OwenIllinois Supreme Court · 1875
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
- State ex rel. McCleary v. AdcockSupreme Court of Missouri · 1907
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3Cited by13 opinions
- Ross v. WilsonNew York Court of Appeals · 1955
- State Ex Rel. Johnson v. SevierSupreme Court of Missouri · 1936
- State ex rel. Journal Printing Co. v. DreyerMissouri Court of Appeals · 1914
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- State Ex Rel. Reis v. NangleMissouri Court of Appeals · 1961
8 more not listed; retrieve them via the Exa API.