Legal Opinion
Fulsom-Morris Coal & Mining Co. v. Mitchell
Supreme Court of Oklahoma
Decided June 11, 1913No. 2723PublishedCited by 23 opinions
Error from District Court, Coal County; A. T. West, Judge. Action by Jesse N. Mitchell against the Fulsoni-Morris Coal & Mining Company. Judgment fox' plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
SHARP, C.
It is first urged that the court erred in permitting the plaintiff leave to amend his petition after the testimony for both plaintiff and defendant had been concluded, and after the court had charged the jury. In making the request counsel stated:
“The plaintiff asked leave to amend his petition so as to allege that the crossbar complained of was set below its proper position, instead of bent or sagged below its proper position, in -order that the pleadings may conform to the proof.”
The defendant thereupon objected to the amendment being allowed, because the evidence in the…
2Cases cited25 opinions
- Alcorn v. DennisSupreme Court of Oklahoma · 1909
- Coalgate Co. v. HurstSupreme Court of Oklahoma · 1910
- Central of Georgia Railway Co. v. BernsteinSupreme Court of Georgia · 1901
- Bates v. MorrisSupreme Court of Alabama · 1893
- Kuchler v. WeaverSupreme Court of Oklahoma · 1909
20 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wright v. Safeway Stores, Inc.Washington Supreme Court · 1941
- Hudman v. StateCourt of Criminal Appeals of Oklahoma · 1949
- Krupsaw v. W. T. Cowan, Inc.District of Columbia Court of Appeals · 1948
- De Gregorio v. United StatesCourt of Appeals for the Second Circuit · 1925
- Hudson v. BlanchardSupreme Court of Oklahoma · 1956
18 more not listed; retrieve them via the Exa API.