Lumpkin v. Collier
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. S. A. Richardson, , Judge. In the original petitiou the plaintiff is designated as “ Thomas J. Flint at the relation and to the use of George W. Lumpkin;” in the amended petition, as “George ~W. Lumpkin.”' In the latter Thomas J. Flint is made co-defendant with the defendants named in the original petition.
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Appeal from Daviess Circuit Court. — Hon. S. A. Richardson, , Judge. In the original petitiou the plaintiff is designated as “ Thomas J. Flint at the relation and to the use of George W. Lumpkin;” in the amended petition, as “George ~W. Lumpkin.”' In the latter Thomas J. Flint is made co-defendant with the defendants named in the original petition. Both petitions state substantially that, on or about the 22nd day of February, 1872, the said Lumpkin was the owner and in possession of certain personal property, described; that, on or about that day, Thomas J. Flint, sheriff of Daviess county,…
1Opinion of the CourtHenry, J.
The only question for determination is, whether the amendment was allowable under our practice act. The original was an action ex contractu. The suit was on a bond of indemnity given to the sheriff to induce him to seize certain property under an execution to which the plaintiff, relator, laid claim. The cause of action stated in the amended petition was trespass for seizing, taking and carrying away personal property Alleged to have been the property of plaintiff'. Appellant’s counsel rely upon section 7 of our practice act, (2 Wag. Stat., p. 1035,) which is as follows : “ A petition or…
2Cases cited3 opinions
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Brayton v. JonesWisconsin Supreme Court · 1856
- Board of Supervisors v. DeckerWisconsin Supreme Court · 1874
3Cited by17 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Heman v. GlannSupreme Court of Missouri · 1895
- Arpe v. Mesker Brothers Iron Co.Supreme Court of Missouri · 1929
- Bremen Mining & Milling Co. v. BremenNew Mexico Supreme Court · 1905
- Mancuso v. Kansas CityMissouri Court of Appeals · 1898
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