Hodges & Co. v. Kimball
Supreme Court of Iowa
Appeal from Howard District Court. On the 24th day of May, 1876, Lyman F. Hodges filed his petition in replevin for eighteen hundred bushels of wheat, claiming that he had a lien thereon for the sum of two thousand dollars. On the 31st day of October, 187G, the cause was, by consent of parties, duly referred by order of the court to J. O. Crosby, Escp, as referee, to hear and try all the issues of law and fact, and report therein to the court.
Read the full summary
Appeal from Howard District Court. On the 24th day of May, 1876, Lyman F. Hodges filed his petition in replevin for eighteen hundred bushels of wheat, claiming that he had a lien thereon for the sum of two thousand dollars. On the 31st day of October, 187G, the cause was, by consent of parties, duly referred by order of the court to J. O. Crosby, Escp, as referee, to hear and try all the issues of law and fact, and report therein to the court. On December 27th the cause came on to be heard before the referee, and the said Lyman F. Hodges thereupon asked leave to file an amendment to his…
1Opinion of the Court
Day, Ch. J.
i. pleading-: amendment. I. Appellant assigns as error the action of the referee in permitting the amendment to the petition. The Code, § 2689, provides: “The court may, on motion of either party, at any time, in furtherance of justice, and on such terms as may be proper, permit such party to amend any pleadings or proceedings by adding *582or striking out the name of a party, or by correcting a mistake in the name of a party, or a mistake in any other respect.” * * * * It would seem that this provision is broad enough to authorize the amendment in question. Such an amendment as this…
2Cases cited5 opinions
- Krulder v. . EllisonNew York Court of Appeals · 1871
- Bailey v. . Hudson River R.R. Co.New York Court of Appeals · 1872
- Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1855
- Dixon v. DixonSupreme Court of Iowa · 1865
- Elliot & Boynton v. John Bradley & Co.Supreme Court of Vermont · 1851
3Cited by6 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- York v. NashOregon Supreme Court · 1903
- Barnes v. Thuet Bros.Supreme Court of Iowa · 1902
- Ruhl v. James J. Corner & Co.Court of Appeals of Maryland · 1885
- What Cheer Savings Bank v. MowerySupreme Court of Iowa · 1910
1 more not listed; retrieve them via the Exa API.