Jones v. Cox
Supreme Court of Missouri
Appeal from the Circuit Court of Benton County. The defendant below, and appellant in this court, contends that the court below erred: 1st. In granting permission to the plaintiffs to amend the writ of summons, by inserting the name of the third plaintiff therein, after the writ of summons had been set aside by the court. 2d. In ordering the defendant to plead at the return term, after such an amendment being made. 3d.
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Appeal from the Circuit Court of Benton County. The defendant below, and appellant in this court, contends that the court below erred: 1st. In granting permission to the plaintiffs to amend the writ of summons, by inserting the name of the third plaintiff therein, after the writ of summons had been set aside by the court. 2d. In ordering the defendant to plead at the return term, after such an amendment being made. 3d. In giving judgment upon the demurrer for the plaintiff instead of for the defendant. 1st. That the court below committed no error in permitting the plaintiffs to amend their…
1Opinion of the Court
'Opinion of the Court by
Scott, Judge.
The defendants in error brought suit by petition in debt ag£uust the plaintiff in • error, and obtained judgment. ■ It appears that the petition .commenced by stating that the plaintiffs were the legal owners of two notes against the defendant, and then set out. two notes and concluded in the usual form. The summons sued out on the petition omitted the name of one of the plaintiffs. At the return term of the writ, the plaintiff in error moved to set aside the writ for the variance between it and the petition ; which motion was sustained, and the court…
2Cited by6 opinions
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Gosline v. ThompsonSupreme Court of Missouri · 1875
- Hite v. HuntonSupreme Court of Missouri · 1855
- Jarbee v. Steamboat Daniel HillmanSupreme Court of Missouri · 1853
- Kansas City Hydraulic Press Brick Co. v. BarkerMissouri Court of Appeals · 1892
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