Pittis v. Bunyard
Missouri Court of Appeals
Appeal from Dent County Circuit Court. — Hon. L. B. Woodside, Judge. (1) ' The clause, attempted to be added by amendment to the plaintiff’s petition is inconsistent with the cause of action to be set up in his original petition, and the objection of the defendant, in open court, to said amendment should have been sustained. The Enterprise Soap Works v. Sayer, 51 Mo.
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Appeal from Dent County Circuit Court. — Hon. L. B. Woodside, Judge. (1) ' The clause, attempted to be added by amendment to the plaintiff’s petition is inconsistent with the cause of action to be set up in his original petition, and the objection of the defendant, in open court, to said amendment should have been sustained. The Enterprise Soap Works v. Sayer, 51 Mo. App. 310. (2) The trial’court erred in overruling defendant’s motion for a new trial on the ground of newly discovered evidence; Pelanourges v. Clark, '9 Iowa, 1; Groff v. Mullhallan, 33 Mo, 202; Wilden v, Grreenell, 19 Ill. 253;…
1Opinion of the Court
Statement.
The respondent recovered a judgment against the appellant in the sum of $1025. His petition alleged that he purchased of the defendant 104 acres of land in Dent county, sixty-four acres of which lay on one side of a certain public road and the remaining forty acres of which lay on the other side of said road; that he, the plaintiff, resided in St. Louis and was not familiar with the numbers of the land which he was purchasing; that defendant took plaintiff and his wife out to look over the land and pointed out the sixty-four acre tract (about which there is no dispute as to…
2Cases cited4 opinions
- Brown v. South Joplin Lead & Zinc Mining Co.Supreme Court of Missouri · 1910
- Ryan v. MillerSupreme Court of Missouri · 1911
- City Light, Power, Ice & Storage Co. v. St. Marys Machine Co.Missouri Court of Appeals · 1913
- Enterprise Soap Works v. SayersMissouri Court of Appeals · 1892
3Cited by3 opinions
- Shipman v. FitzpatrickSupreme Court of Missouri · 1942
- King v. GuyMissouri Court of Appeals · 1957
- King v. GuyMissouri Court of Appeals · 1957