A. J. Trounstine & Co. v. Ware
Supreme Court of Louisiana
APPEAL from the Second District Court, Parish of Bienville. Drew, J. Amendments should always be allowed, when justice is subserved thereby if they do not change the substance of the issue, and cause no injury to the opposito party, nor prejudice to his rights. 27 Ann. 316 ; 36 Ann. 786 and 32 Ann. 395. Amendments do not change the substance of the issue when they can be cumulated with the original pleadings, 10 Ann. 599 and 8 S. 226. Sabstance of demand is not changed when…
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APPEAL from the Second District Court, Parish of Bienville. Drew, J. Amendments should always be allowed, when justice is subserved thereby if they do not change the substance of the issue, and cause no injury to the opposito party, nor prejudice to his rights. 27 Ann. 316 ; 36 Ann. 786 and 32 Ann. 395. Amendments do not change the substance of the issue when they can be cumulated with the original pleadings, 10 Ann. 599 and 8 S. 226. Sabstance of demand is not changed when the prayer is the same in original and amendment. 8 K. S. 226. Courts will more readily allow an ameudraent than refuse…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins,-J.
By consent of parties these causes we consolidated and tried together in the lower court.
Appellee, G. W. Muun, filed in this Court a motion to dismiss the appeal on the following grounds, viz :
1st. Because he has not been cited to answer the appeal; and that an order of appeal, made at a term subsequent to the one at which the judgment appealed from was rendered, is not a legal substitute for a citation.
2d. Because “no bond was ever filed within the time required by law; and none is embraced in the clerk’s certificate to the transcript.”
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2Cited by8 opinions
- Smith v. O'Reilly Elevator Co.Supreme Court of Louisiana · 1914
- Herold v. JeffersonSupreme Court of Louisiana · 1931
- Vidrine v. American Employers Ins. Co.Louisiana Court of Appeal · 1961
- Palmisano & Palmisano v. BonnerSupreme Court of Louisiana · 1929
- Comire v. Schiro Amusement Co.Louisiana Court of Appeal · 1927
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