Williamson v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Polh District Court. — Hon. Josiah Given, Judge. In 1875 the plaintiffs, four in number, in their own behalf, and for the benefit of divers other persons, brought this action, stating in their petition among other things as follows: “Your petitioners further represent that heretofore, to-wit, on or about the-day of June, 1867, they entered into a contract with the defendant to the tenor and effect following, to-wit: The defendant proposed to stipulate and…
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Appeal from Polh District Court. — Hon. Josiah Given, Judge. In 1875 the plaintiffs, four in number, in their own behalf, and for the benefit of divers other persons, brought this action, stating in their petition among other things as follows: “Your petitioners further represent that heretofore, to-wit, on or about the-day of June, 1867, they entered into a contract with the defendant to the tenor and effect following, to-wit: The defendant proposed to stipulate and contract with the plaintiffs that if they (the plaintiffs) would furnish the money, and purchase, procure and. deed, and cause…
1Opinion of the Court
G-rangeb,, J.
The case presents the legal proposition whether of not the substituted petition so changes the claim for which the suit was brought that the *587defendant should not, as a matter of law, be required to answer it. With the condition of the record we are not to consider any discretionary authority of the trial court in refusing the petition, for it is apparent from the motion that it was stricken from the files because it so changed the action-as to be without any legal basis.In determining the question we are to be guided by Code, section 2689, as follows: “The court may, on motion of…
2Cases cited2 opinions
- Borst v. . CoreyNew York Court of Appeals · 1857
- President & Directors of the Bank of Commerce v. Rutland & Washington RailroadNew York Supreme Court · 1854
3Cited by18 opinions
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Blakeley v. Estate of ShortalSupreme Court of Iowa · 1945
- Z. J. Fort Produce Co. v. Southwestern Grain & Produce Co.Supreme Court of Oklahoma · 1910
- Southern Railway Co. v. HowertonIndiana Supreme Court · 1914
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1908
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