Cassidy v. Saline County Bank
Court Of Appeals Of Indian Territory
Error to the United States Court for the Central District of the Indian Territory; before Justice W. H. H. Clayton, Mai’ch 14, 1906. Action by the Saline County Bank against Cassidy & McFadden and others. Judgment for plaintiff, and defendants bring error.
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Error to the United States Court for the Central District of the Indian Territory; before Justice W. H. H. Clayton, Mai’ch 14, 1906. Action by the Saline County Bank against Cassidy & McFadden and others. Judgment for plaintiff, and defendants bring error. On July 12, 1902, plaintiff filed its complaint, and alleged that it was a nonresident of the Indian Territory, and.-a corporation organized under the laws of Arkansas; that the defendants, and each of them, are non-residents of Indian Territory; and that the defendant J. McFadden has money and property within the Central district of the…
1Opinion of the CourtTownsend, J.
(after stating the facts as above). The plaintiff in error has filed eleven assignments of error, as follows: “(1) The court erred in overruling the motion of the defendant McFadden, and of R. S. Cate, as special administrator, to strike from the files plaintiff's amended complaint, to which ruling of the court defendants then and there excepted. (2) The court erred in permitting plaintiff to file its amended complaint, which introduced into this action a cause of action wholly distinct and separate from the original cause of action, which ■said cause of -action has arisen since the…
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