De Bernardi v. McElroy
Supreme Court of Missouri
Appeal from Jackson Circuit Cowrt. — Hon. E. H. Field, .Judge. (1) The court erred in allowing the defendant MeElroy to amend his amended answer at the trial after all the evidence was in, by inserting an entire new defense against the objections of the plaintiff. Garton v. Canada, 39 Mo. 364; Benfrew v. Price, 22 Mo. App. 403; Alexander v. Luke, 11 Mo. App. 597: Butcher v. Death, 15 Mo. 271; Irwinv. Chiles, 28 Mo. 576; Phillips v. Broughton, 30 Mo.
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Appeal from Jackson Circuit Cowrt. — Hon. E. H. Field, .Judge. (1) The court erred in allowing the defendant MeElroy to amend his amended answer at the trial after all the evidence was in, by inserting an entire new defense against the objections of the plaintiff. Garton v. Canada, 39 Mo. 364; Benfrew v. Price, 22 Mo. App. 403; Alexander v. Luke, 11 Mo. App. 597: Butcher v. Death, 15 Mo. 271; Irwinv. Chiles, 28 Mo. 576; Phillips v. Broughton, 30 Mo. App. 148; Parker v. Bhodes, 79-Mo. 88; Scoville v. Wagner, 79 Mo. 450. (2) Said amendment states no estoppel. Bwrke v. Adams, 80' Mo. 504; St.…
1Opinion of the CourtBlack, J.
The plaintiff Be Bemardi commenced this suit in ejectment against Klein and McElroy on July 20, 1887, to recover an undivided one-half of about forty acres of land near Kansas City. Klein answered by way of a general denial. McElroy,. besides a general denial, set up an equitable defense-praying for affirmative relief. After all the evidence had been introduced, he filed, against the objections of the plaintiff, a third defense, setting up an alleged estoppel. The trial court found for the defendants and gave McElroy the affirmative relief prayed for.
The evidence discloses the following…
2Cases cited8 opinions
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Alexander and Other v. PendletonSupreme Court of the United States · 1814
- Burnett v. CaldwellSupreme Court of the United States · 1870
- Gardner v. TerrySupreme Court of Missouri · 1889
- Davenport v. SebringSupreme Court of Iowa · 1879
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3Cited by7 opinions
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- Davis v. WatsonMissouri Court of Appeals · 1901
- Atkinson v. SmothersMissouri Court of Appeals · 1956
- Heller v. JentzschSupreme Court of Missouri · 1924
- Wright v. LewisSupreme Court of Missouri · 1929
2 more not listed; retrieve them via the Exa API.