Cohn v. Souders
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. Jno. G. Wear, Judge. (1) The amended petition stated a cause of action essentially different from that stated in- the original petition and requiring different or additional proof. Evidence which would have been sufficient to establish the facts alleged in the original petition would not have been sufficient to prove those alleged in the amended hill.
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Appeal from Butler Circuit Court. — Hon. Jno. G. Wear, Judge. (1) The amended petition stated a cause of action essentially different from that stated in- the original petition and requiring different or additional proof. Evidence which would have been sufficient to establish the facts alleged in the original petition would not have been sufficient to prove those alleged in the amended hill. Consequently, defendant’s motion to strike out, ihe amended petition should have been sustained. Lumpkin v. Collier, 69 Mo. 171. (2) (á) The court -erred in finding that the distilling company, after it…
1Opinion of the Court
GANTT, P. J. J.
— This suit was instituted in the circuit court of Butler county, Missouri, in February, 1897. The object of the bill was to procure a perpetual injunction against the Nelson' Distilling Company and ■John H. Souders, sheriff of said county, to restrain them from selling the south part of lot number 63 in the city of Poplar Bluff, in Butler county, under a deed *460of trust. A temporary writ of injunction was granted ■on February 25, 1897.
Thereafter, on the next day, the sheriff, as substituted trustee, sold all the remaining property described in the deed of trust, and the Nelson…
2Cases cited5 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Ward v. DavidsonSupreme Court of Missouri · 1886
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Ely v. PorterSupreme Court of Missouri · 1874
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- Irwin v. BurganSupreme Court of Missouri · 1930
- Kansas City v. MullinsMissouri Court of Appeals · 1919
- State v. Business Men's ClubMissouri Court of Appeals · 1914
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