Alcorn v. Dennis
Supreme Court of Oklahoma
Error from District Court, Nolle County; Bayard T. Hainer, Judge. . Action by Charles E. Dennis against May. Alcorn and others. Judgment for plaintiff, and defendants bring error. Citing: Cague v. Bank, 86 Ill. 371; McGeagh v. Nordberg, 53 Minn. 234; 12 Enc.
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Error from District Court, Nolle County; Bayard T. Hainer, Judge. . Action by Charles E. Dennis against May. Alcorn and others. Judgment for plaintiff, and defendants bring error. Citing: Cague v. Bank, 86 Ill. 371; McGeagh v. Nordberg, 53 Minn. 234; 12 Enc. PI. & Pr. 271; 24 Cyc. 172; Ileiuiti v. Week, 51 Wis. 368; Han-cheti v. Ives, 49 N. E. 207; Hopkins v. Landfond, 2 N. W. 39; Fano ell v. Murray (Cal.) 38 Pac. 199; Chessman v. Hale, 79 Pac. 255; Biggs v. Lloyd, 11 Pac. 831; Hart v. Cascade Timber Co. (Wash.) 81 Pac. 738; Alworth v. Railway Co. (R. I.) 60 Atl. 884; Corley v. McElmell (N.…
1Opinion of the CourtWilliams, J.
1.. The defendant in error, as plaintiff, declared in two counts. The first was on a promissory note wherein it was alleged that the interest was to be paid semiannually. The purported copy of such note attached to the petition as an exhibit did not contain such clause, and after the trial had been begun, and objection was made by the plaintiffs in error (defendants below) to the introduction of the original note on account of a 'variance, the plaintiff (defendant in error here) was permitted to amend.
To permit amendments when not changing the cause of action rests within the sound discretion…
2Cases cited24 opinions
- McCann v. McCannSupreme Court of Oklahoma · 1909
- Keystone Driller Co. v. WorthSupreme Court of North Carolina · 1895
- Hartford Fire Insurance v. ReddingSupreme Court of Florida · 1904
- Wittenberg v. OnsgardSupreme Court of Minnesota · 1899
- A. W. Swope & Son v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1898
19 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Chas. T. Derr Construction Co. v. GelruthSupreme Court of Oklahoma · 1911
- Hamilton v. BlakeneySupreme Court of Oklahoma · 1917
- Kingfisher Mill & Elev. Co. v. WestbrookSupreme Court of Oklahoma · 1920
- Elwood Oil & Gas Co. v. GanoSupreme Court of Oklahoma · 1919
- Homeland Realty Co. v. RobisonSupreme Court of Oklahoma · 1913
35 more not listed; retrieve them via the Exa API.