Reed v. Beardsley
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J., and a jury. Yerdict against Reed for $850. Judgment. Motion for a new trial overruled. Exceptions, and cause brought up by petition in error. The facts are sufficiently stated in the opinion. 1. The court could not lawfully permit the amendment in this action. Lake v. Morse, 11 111., 587. Locke v. Daugherty, 48 Penn.
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Error to the district court for Lancaster county. Tried below before Pound, J., and a jury. Yerdict against Reed for $850. Judgment. Motion for a new trial overruled. Exceptions, and cause brought up by petition in error. The facts are sufficiently stated in the opinion. 1. The court could not lawfully permit the amendment in this action. Lake v. Morse, 11 111., 587. Locke v. Daugherty, 48 Penn. State, 88. Bwr v. Boss, 19 Ark., 250. Peek v. Sill, 3 Conn,, 157. Atkinson v. Glapp, 1 Wend., N. Y., 71. 2. The court should have instructed the jury to find whether or not the plaintiff agreed to…
1Opinion of the Court
Lake, Ch. J.
I. The action in the court below was commenced against the plaintiff in error jointly with Eugene Reed and Lucius F. Reed, as members of the firm of Reed Bro’s. Issue being joined the case proceeded to tr'al, when it was discovered that the transaction constituting the subject of the complaint was not had with the partnership, but with William H. Reed alone. The court, on motion, permitted an amended petition to be filed, conforming to this view of the case, upon which issue was joined, and the case tried. The allowing of this amendment is the first ground of error to be' noticed.
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2Cited by5 opinions
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