Mares v. Wormington
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Ernest Mares against Harry Wormington and others. Judgment for plaintiff, and defendant Ernest C. Eddie appeals. The court had no authority under § 5297, Rev. Codes, to allow an amendment setting up a new cause of action, to correspond with the proofs. Such is the holding under similar statutes. St. Louis, etc. Ry.
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Appeal from District Court, Cass County; Pollock, J. Action by Ernest Mares against Harry Wormington and others. Judgment for plaintiff, and defendant Ernest C. Eddie appeals. The court had no authority under § 5297, Rev. Codes, to allow an amendment setting up a new cause of action, to correspond with the proofs. Such is the holding under similar statutes. St. Louis, etc. Ry. Co. v. Dodd, 27 S. W. Rep. 227; Miles v. Van Horn, 17 Ind. 245; Shropshire v. Kennedy, 84 Ind. 111; Sweeter v. Hartwick, 25 N. W. Rep. 744; Smith v. Bogenschuts, 19 S. W.. Rep. 667; Bruns v. Schieber, 51 N. W. Rep. 120;…
1Opinion of the Court
Wallin,, J.
The essential facts in this case, as disclosed by the record, are as follows: The complaint, before its amendment, as hereafter stated, embodied a single cause of action for equitable relief. Its statements of fact had reference only to a seed lien claimed by the plaintiff upon a crop of wheat raised by the defendant Wormington in 1892 upon two tracts of land in Cass county, situated some miles apart. The only reference made in the original complaint to the defendants Lynch and Eddie is embraced in the following language: “That the defendants Ernest C. Eddie and Frank Lynch have,…
2Cases cited3 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Bruns v. SchreiberSupreme Court of Minnesota · 1892
- Davis v. Iowa State Ins.Supreme Court of Iowa · 1885
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