Tunstall v. Hamilton
Supreme Court of Missouri
ERROR to the Court of Common Pleas of St. Louis County. The court below erred in refusing the continuance demanded, and in forcing the defendant below to a trial, because the plaintiff below had been allowed, at the term when the case was called for trial, to amend his declaration. The principle on which it is contended there was error in this proceeding of the court, is settled in the case of Risher vs. Thomas, 1 Mo.
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ERROR to the Court of Common Pleas of St. Louis County. The court below erred in refusing the continuance demanded, and in forcing the defendant below to a trial, because the plaintiff below had been allowed, at the term when the case was called for trial, to amend his declaration. The principle on which it is contended there was error in this proceeding of the court, is settled in the case of Risher vs. Thomas, 1 Mo. Rep., 739, and after-wards affirmed in Dempsey vs. Harrison & Glasgow, 4 Mo. Rep., 267. ■ 1. There was no error in refusing a continuance at the February term. 2. There was…
1Opinion of the Court
Tompkins, /.,
delivered the opinion of the Court.
Robert Hamilton sued Warrick Tunstall, in the Court of Common Pleas of Saint Louis county, at the November term, 1842. The declaration contained three special counts on a note, and the common counts. Judgment was given for Hamilton, to reverse which Tunstall prosecutes this writ of error.
At the November term the defendant, Tunstall, demurred to the three special counts, and pleaded the general issue to the common counts. The demurrer was sustained. At the February term the plaintiff, Hamilton, filed three amended counts, by leave of the court,…
2Cases cited4 opinions
- Dempsey v. HarrisonSupreme Court of Missouri · 1836
- Moore v. M'CullochSupreme Court of Missouri · 1840
- Risher v. ThomasSupreme Court of Missouri · 1827
- State v. GaitherSupreme Court of Missouri · 1825
3Cited by3 opinions
- State v. MaddoxSupreme Court of Missouri · 1893
- Alt v. GroscloseMissouri Court of Appeals · 1895
- McKay v. StateSupreme Court of Missouri · 1849