Mt. Nebo Anthracite Coal Co. v. Martin
Supreme Court of Arkansas
Appeal from Pope Chancery Court; Jeremiah G. Wallace, Chancellor; 1. The motion to strike out the amendment to the complaint should have been sustained.
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Appeal from Pope Chancery Court; Jeremiah G. Wallace, Chancellor; 1. The motion to strike out the amendment to the complaint should have been sustained. Except by consent of parties, pleadings cannot be amended by introduction of new parties or causes of action. 98 N. C. 509; 30 W. Va. 774; 20 Pac. 45; 16 S. W. 124; 13 S. W. 922; 58 N. W. 693; 17 S. E. 1036. Amendment of complaint to conform to facts proved is properly denied when it will permit a recovery upon an entirely different cause of action from that originally set forth in the complaint. 132 N. Y. 22; 13 S. W. (Ark.) 769; 10 So. 328.…
1Opinion of the CourtHill, C. J.
Edward J. Martin discovered that a coal mine near Russellville could be purchased at a profit, and interested some of his relations, Frank Hoblit, Charles E., Samuel H. and Clinton D. Martin, the latter three being brothers, in the venture. The mine was purchased, and E. J. Martin placed in charge of it as manager; and part of the time Clinton Martin assisted him. Mrs. Minnie C. Martin served as clerk in the company’s store.
This partnership was merged into a corporation, under the name of the Mt. Nebo Anthracite Coal Company. The property of the coal company was subsequently sold to William…
2Cases cited1 opinion
- Randolph v. NicholSupreme Court of Arkansas · 1905
3Cited by13 opinions
- Lyle v. LatouretteSupreme Court of Arkansas · 1946
- Bank of Dermott v. MeaselSupreme Court of Arkansas · 1926
- Lopez v. WaldrumSupreme Court of Arkansas · 1970
- Mortensen v. BallardSupreme Court of Arkansas · 1945
- Lopez v. Waldrum EstateSupreme Court of Arkansas · 1970
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