Spurlock v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) The circuit court erred in dismissing the plaintiff ’ s suit. This co urt expressly held that the obj ection, that this cause of action had been changed, came too late after trial. Objections must be made at the time. 93 Mo. 530. The amendments in the fourth petition were suggested by this court, and the case reversed on first count and remanded for a new trial.
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Appeal from Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) The circuit court erred in dismissing the plaintiff ’ s suit. This co urt expressly held that the obj ection, that this cause of action had been changed, came too late after trial. Objections must be made at the time. 93 Mo. 530. The amendments in the fourth petition were suggested by this court, and the case reversed on first count and remanded for a new trial. (2) The circuit judge .reversed the rulings of this court, or at least refused to obey its mandates. That is cause for reversal by this court. This court will…
1Opinion of the CourtSherwood, P. J.
— This cause has been before this court heretofore, and is reported in 93 Mo. 530. The cause of action as originally stated, it seems, was changed in the third amended petition, the sufficiency of which was passed upon by this, court. On the return of this cause to the lower court, plaintiff filed a fourth amended petition, which on motion of the defendant was stricken out, on the ground that it contained an entirely different cause of action from that stated in the original petition.
This ruling of the trial court was obviously incorrect, because the defendant had pleaded the general issue to…
2Cases cited2 opinions
- Fields v. MaloneySupreme Court of Missouri · 1883
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
3Cited by11 opinions
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Rice v. GriffithSupreme Court of Missouri · 1942
- Blanchard v. DormanSupreme Court of Missouri · 1911
- Finer v. NicholsMissouri Court of Appeals · 1911
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1896
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