Bender v. Zimmerman
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The trial court should not have permitted the amendment of the petition. It introduced a new issue and a new cause of action after said cause had been to the supreme court upon other issues, and after costs had been made. Hammoncl v. Cameron, 20 Miss. 509; Van Marer v. Johnson, 15 Oal. 308; Vestnerv.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The trial court should not have permitted the amendment of the petition. It introduced a new issue and a new cause of action after said cause had been to the supreme court upon other issues, and after costs had been made. Hammoncl v. Cameron, 20 Miss. 509; Van Marer v. Johnson, 15 Oal. 308; Vestnerv. Griffith, 1 Miss. 414; Harich v. Hrichson, 50 Mo. 117. (2) The court should have sustained defendant’s objection to the introduction of any evidence to prove rent, because the same was barred by the statute of limitation and was…
1Opinion of the CourtBurgess, J.
This case was before this court on a former occasion. 122 Mo. 194. The judgment was then reversed and the cause remanded for further trial.
On the trial in which the judgment was rendered from which the former appeal was taken, objections were made by defendant and sustained by the court to the testimony offered by plaintiff as to rents received by defendant on part of the property in question, on the ground of variance, the petition charging that defendant prevented plaintiff from receiving rents, while the proffered evidence tended to show that defendant had received the rents. After the…
2Cases cited3 opinions
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Hawkins v. NowlandSupreme Court of Missouri · 1873
- Bender v. ZimmermanSupreme Court of Missouri · 1894
3Cited by8 opinions
- Chapman v. SchearfSupreme Court of Missouri · 1950
- Clancy v. Herman C. G. Luyties Realty Co.Supreme Court of Missouri · 1928
- Oldham v. McKayMissouri Court of Appeals · 1940
- McKay v. SniderSupreme Court of Missouri · 1945
- McDermeitt v. KeeslerSupreme Court of Missouri · 1912
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