Mann v. Schroer
Supreme Court of Missouri
Error to Henry Circuit Court. I. The original petition, so far as enforcing said pretended lien was concerned, was totally defective, and no special judgment could have been rendered thereon. That being the case, the law does not allow the filing of an amended petition constituting an entirely new cause of action, after it is too late to bring said action in an original suit. II.
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Error to Henry Circuit Court. I. The original petition, so far as enforcing said pretended lien was concerned, was totally defective, and no special judgment could have been rendered thereon. That being the case, the law does not allow the filing of an amended petition constituting an entirely new cause of action, after it is too late to bring said action in an original suit. II. The general judgment rendered in this cause in the Circuit Court operated to destroy, and release the property from, the lien (if any there W'as at that time), and that general judgment never having been disturbed,…
1Opinion of the CourtAdams, Judge
This Avas an action brought on a mechanic’s lien. In his original petition the plaintiff misdescribed the property on which he filed the lien. At a subsequent term, and more than ninety days after the lien was filed, he filed an amended petition correcting-the description. The defendant filed answer, and among other .things set up that the suit Avas not commenced within ninety days after the lien Avas filed.
The original petition was filed and the Avrit of summons was issued Avithin the ninety days, and the amended petition Avas only a continuance of the original proceeding, and not the…
2Cited by13 opinions
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- Elisabeth H. Luedde v. Henry W. LueddeMissouri Court of Appeals · 1948
- Pulitzer Publishing Co. v. AllenMissouri Court of Appeals · 1908
- Philip Gruner & Bros. Lumber v. Hartshorn-Barber Realty & Building Co.Missouri Court of Appeals · 1913
- Gensler v. NicholasMichigan Supreme Court · 1908
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