Grymes v. Liebke Hardwood Mill & Lumber Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon. Eenry C. Riley, Judge. (1) Amendments shall be allowed on terms which are not prejudicial to the other party. Stewart v. Glenn, Admr., 58 Mo. 486; Timber and Iron Co.-v. Cooperage Co., 112 Mo. 388, 20 S. W. 566; Tower v. Pauley, 67 Mo.
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Appeal from Pemiscot Circuit Court. — Eon. Eenry C. Riley, Judge. (1) Amendments shall be allowed on terms which are not prejudicial to the other party. Stewart v. Glenn, Admr., 58 Mo. 486; Timber and Iron Co.-v. Cooperage Co., 112 Mo. 388, 20 S. W. 566; Tower v. Pauley, 67 Mo. App. 635; Carr v. Moss, 87 Mo. 450. (2) A petition cannot be so amended, even under the liberal provisions of the code, as to state an entirely different cause of action from the one declared on in the original petition. Hernán et al. v. Glann, 129 Mo. 325, 31 S. W. 589; Barter v. Railroad, 91 Mo. 86, 14 S. W. 280;…
1Opinion of the CourtNortoni, J.
(after stating the facts). — 1. The record does not show that the amended petition was filed after the cause had been submitted to the court, as alleged in the first error assigned, but on the contrary it shows that it was filed two days prior thereto; but this is wholly immaterial here. Plaintiff had a right to an amendment as a matter of course, and if defendant had objected thereto or felt aggrieved thereby, it could have asked a continuance. R. S. 1899, sec. 688. The amendment could have been permitted at any time before final judgment on such terms as may have been proper. R. S. 1899,…
2Cases cited12 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Estes v. Desnoyers Shoe Co.Supreme Court of Missouri · 1900
- Heman v. GlannSupreme Court of Missouri · 1895
- State ex rel. Mahan v. Merchants BankSupreme Court of Missouri · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Ingwerson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Banner Lumber Co. v. RobsonMissouri Court of Appeals · 1914
- Anderson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1908
- Finer v. NicholsMissouri Court of Appeals · 1911
8 more not listed; retrieve them via the Exa API.