Liese v. Meyer
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) No amendment can change the cause of action, and whilst there is but one form of action it is still true that an action ex delicto can not be changed into an action for a breach of contract by amendment, nor can a cause of action be substantially ■ changed by amendment. Holliday v. Jackson, 21 Mo. App. 664; Philips v. Broughton, 30 Mo.
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Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) No amendment can change the cause of action, and whilst there is but one form of action it is still true that an action ex delicto can not be changed into an action for a breach of contract by amendment, nor can a cause of action be substantially ■ changed by amendment. Holliday v. Jackson, 21 Mo. App. 664; Philips v. Broughton, 30 Mo. App. 149; Hampkin v. Collier, 69 Mo. 170; Scovill v. Glasner, 79 Mo. 452; Field v. Maloney, 78 Mo. 174; Brake v. Railroad, 35 Mo. App. 557; Parker v. Rhodes, 79 Mo. 88; Board of Supervisors…
1Opinion of the CourtMarshall, J.
The plaintiff sued the defendant on the eleventh of March, 1893, for damages for breach of contract of marriage, aggravated by seduction. The original petition fixed the year 1889 or 1890 as the date of the mutual agreement to marry, and charged that while the agreement was in force, “to wit: on or about the first day of August, 1891,” the defendant seduced her, and on several occasions thereafter down to and including the fifteenth day of August, 1891, while the agreement was still in force, he continued to debauch her, in consequence of which she became pregnant, and was, on the fifteenth…
2Cases cited22 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Thorn v. . KnappNew York Court of Appeals · 1870
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
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3Cited by39 opinions
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
- Lanigan v. NeelyCalifornia Court of Appeal · 1907
- Ross v. Cleveland & Aurora Mineral Land Co.Supreme Court of Missouri · 1901
- Nudelman v. Thimbles, Inc.Missouri Court of Appeals · 1931
34 more not listed; retrieve them via the Exa API.