Legal Opinion

Elliott v. Abell

Missouri Court of Appeals

Decided February 18, 1890PublishedCited by 7 opinions

Appeal from the Ralls Circuit Court. — How. Thomas EL Bacoh, Judge. The court erred in permitting the plaintiff to amend his complaint so as to increase his claim for damages from one hundred dollars to six hundred dollars. Moore v. Dixon, 50 Mo. 424; Feedler ». Schroecler,. 59 Mo. 366; Poulson v. Collin, 18 Mo. App. 605; Fletcher v. Keyte, 66 Mo. 285; Baldwin r. Whitcomb, 71 Mo. 655; McQuoid v. Lamb, 19 Mo. App. 155; Ewing v. Donnelly, 20 Mo.

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Appeal from the Ralls Circuit Court. — How. Thomas EL Bacoh, Judge. The court erred in permitting the plaintiff to amend his complaint so as to increase his claim for damages from one hundred dollars to six hundred dollars. Moore v. Dixon, 50 Mo. 424; Feedler ». Schroecler,. 59 Mo. 366; Poulson v. Collin, 18 Mo. App. 605; Fletcher v. Keyte, 66 Mo. 285; Baldwin r. Whitcomb, 71 Mo. 655; McQuoid v. Lamb, 19 Mo. App. 155; Ewing v. Donnelly, 20 Mo. App. 9. (2) The defendant complains of the action of the court in refusing his instructions. The theory of the defendant in this cause is that he was…

1Opinion of the CourtBiggs, J.

On the first day of February, 1887, one W. J. Hume was the owner of a farm in Ralls county, and, on that day, he and the defendant entered into a written contract, by which certain portions of the farm were rented to the defendant. The part so rented was described in the contract as follows: “A dwelling house, stable, garden, potato patch, about forty acres of land to be sown in oats, and about thirty-five acres to be planted in corn. * * * For which the said Abell is to pay to said Hume half of the corn shucked out and put in his cribs, also the entire' stalk field from same; also half of…

2Cases cited1 opinion

  1. Crawford v. PaineSupreme Court of Iowa · 1865

3Cited by7 opinions

  1. Ver Steeg v. Becker-Moore Paint Co.Missouri Court of Appeals · 1904
  2. Dean v. TraxMissouri Court of Appeals · 1896
  3. Board of Trade Office Building v. Shannon Grain Co.Missouri Court of Appeals · 1929
  4. Hixon v. SeldersMissouri Court of Appeals · 1891
  5. Lucas v. FallonMissouri Court of Appeals · 1890

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