Broyles v. Eversmeyer
Supreme Court of Missouri
Appeal from Lincoln Circuit Courts — Hon. James D. Barnett, Judge. (1) The two tests adopted in this State to determine whether a second petition is an amendment or the substitution of a new cause of action are: first, that the same evidence will support both petitions; second, that the same measure of damages or recovery will apply to both'petitions.
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Appeal from Lincoln Circuit Courts — Hon. James D. Barnett, Judge. (1) The two tests adopted in this State to determine whether a second petition is an amendment or the substitution of a new cause of action are: first, that the same evidence will support both petitions; second, that the same measure of damages or recovery will apply to both'petitions. Scovill v. Glasner, 79 Mo. 449; Walker v. Railroad, 193 Mo. 477; Ross v. Land Co., 162 Mo. 317. Another test which the courts have generally adopted is to inquire whether a recovery on the original petition would be a bar to a recovery under the…
1Opinion of the CourtGraves, J.
This case involves but a single question of law. Appellant has made a succinct statement of the case in the following taken from the brief:
“The plaintiff commenced this suit in ejectment, for the northeast fractional quarter of section 27, township 50, range 2 west, in Lincoln county, September 16, 1908. To this petition defendant filed- a general demal, October 12,1908. At the March term, 1909, the plaintiff filed his amended petition in which he asked recovery of possession of the northeast fractional quarter of section 28, township 50, range 2 west. On the same day, March 22, 1909, that…
2Cases cited1 opinion
- Wright v. GroomSupreme Court of Missouri · 1912
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- State Ex Rel. Blythe v. TrimbleSupreme Court of Missouri · 1924