State ex rel. Rogers v. Gage Bros. & Co.
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Upon the amendment of the petition in this cause, a continuance should have been granted the defendants. Petition in abstract of record, pp. 2, 3; affidavit in abstract of record, pp. 5, 6; Lumkinv.
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Upon the amendment of the petition in this cause, a continuance should have been granted the defendants. Petition in abstract of record, pp. 2, 3; affidavit in abstract of record, pp. 5, 6; Lumkinv. Collier, 69 Mo. 170; Parker v. Bliodes, 79 Mo. 88; Scovill v. Glasner, 79 Mo. 449. (2) The verdict in this case is not the verdict actually agreed upon by the jury as is shown by their affidavit in support of the motion for new trial. Balrymple v. Williams, 63 N. Y. 361; Noah v. Dickerson, 15 Johns. 309; Thomas v. Chapman, 45…
1Opinion
ON MERITS.
Smith, P. J.
This is an action on an attachment bond. The relator had judgment, and the defendants appeal.
The first ground of the defendants’ appeal is, that the trial court erred in refusing a continuance of the cause on their motion. It appears from the record that after the jury had been sworn to try the case the relator asked and was granted leave to amend her petition. The relator’s petition alleged that G-age Bros. & Co. had sued her by attachment. This allegation the court permitted to be amended so as to show that the attachment suit was brought against the relator and one…
2Cases cited18 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. BranstetterSupreme Court of Missouri · 1877
- Spencer v. VanceSupreme Court of Missouri · 1874
- Watson v. HarmonSupreme Court of Missouri · 1885
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