Kimball v. Bryan
Supreme Court of Iowa
Appeal from Story District Court. In 1871 the defendant entered into a contract with Rev. John E. Brazill, whereby he agreed to construct for said Brazill a church building. Eor the purpose of constructing the building he purchased of the plaintiffs a bill of lumber amounting to about $819.00. This action is brought to recover for such lumber. The plaintiffs in the first place declared upon account.
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Appeal from Story District Court. In 1871 the defendant entered into a contract with Rev. John E. Brazill, whereby he agreed to construct for said Brazill a church building. Eor the purpose of constructing the building he purchased of the plaintiffs a bill of lumber amounting to about $819.00. This action is brought to recover for such lumber. The plaintiffs in the first place declared upon account. Afterward, before answer or. any appearance on the part of the defendant, they filed- an amendment to their petition declaring upon a written order or bill of exchange, drawn by defendant in their…
1Opinion of the Court
Adams, Ch. J-.
I. The motion by defendant to strike out the plaintiffs’ amendment to their petition is based upon the ground that it was filed without notice to defendant or leave *634of court, and sets up a cause of action not mentioned in the original notice and inconsistent with the cause of action set out in the original petition.
1. practice : ainendmeht. As to the want of leave of court to file the amendment, it is sufficient to say that it is expressly provided in section 2647 of the Code that leave of court is not neces- • Sary where the amendment is filed before the answer. It is true…
2Cases cited4 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
- Jack v. D. M. & Ft. D. R. Co.Supreme Court of Iowa · 1878
- Van Brunt & Co. v. MatherSupreme Court of Iowa · 1878
3Cited by7 opinions
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Jackson v. FultonMissouri Court of Appeals · 1901
- Ruthven v. Beckwith & De GroatSupreme Court of Iowa · 1890
- Keller v. StrongSupreme Court of Iowa · 1898
- Stevens v. PrudenSupreme Court of Iowa · 1897
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