Gilliam v. Loeb
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. F. O.- Johnston, Judge. (1) The claim advanced below by defendant as a ground for tlie striking- out of the amended petition was that it was a departure from the original cause of action. The Supreme Court has announced a test under this statute in determining whether the amendment will be allowed.
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Appeal from Newton Circuit Court. — Hon. F. O.- Johnston, Judge. (1) The claim advanced below by defendant as a ground for tlie striking- out of the amended petition was that it was a departure from the original cause of action. The Supreme Court has announced a test under this statute in determining whether the amendment will be allowed. The rule is quoted from the Supreme Court of Vermont: “As long as the plaintiff adheres to the contract or injury originally .declared upon, an alteration of the modes in which the defendant has broken the contract or caused the injury, is not an…
1Opinion of the CourtGoode, J.
(after stating the facts) — The amended statement was stricken out as a departure; as setting *76up a different cause of action from that alleged in the original statement filed Avith the justice of the peace. The motion to dismiss the cause is not in the record, but we are told in one of the briefs, it was dismissed because the complaint filed Avith the justice counted on a cause of action in which the two plaintiffs were jointly interested as partners with the other parties alleged to have been defrauded by defendant; and because it solicited a judgment at law, Avhereas the only remedy lay in…
2Cases cited32 opinions
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Little v. HarringtonSupreme Court of Missouri · 1880
- Gates v. PaulWisconsin Supreme Court · 1903
- Whetstone v. ShawSupreme Court of Missouri · 1879
- Fuller v. PercivalMassachusetts Supreme Judicial Court · 1879
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3Cited by7 opinions
- McCombs v. EllsberrySupreme Court of Missouri · 1935
- Stein v. JungMissouri Court of Appeals · 1973
- Stryker v. United StatesCourt of Appeals for the Tenth Circuit · 1938
- Grabowski v. BenzsaIndiana Court of Appeals · 1923
- Boyle v. SmithDistrict of Columbia Court of Appeals · 1949
2 more not listed; retrieve them via the Exa API.