Buel v. St. Louis Transfer Co.
Supreme Court of Missouri
Jlppeal from Si: Louis Circuit Court. .. The court below erred in allowing plaintiff/to'amend, because - amendment changed substantially the claim and defense. It substituted a hew and wholly different action for the old one.
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Jlppeal from Si: Louis Circuit Court. .. The court below erred in allowing plaintiff/to'amend, because - amendment changed substantially the claim and defense. It substituted a hew and wholly different action for the old one. (30 Ga. 873, in U. S. Dig. 1866, No. 26, p. 360; Miller v. Mclntire, 1 McLean, 83 ; 10 B. Monr. 83.) ■ I. The amendment to the petition, making Samuel F. Buel a co-plaintiff-instead of 'a co-defendant, was warranted by our statute, and did not operate as tbe institution of- a new suit. (Gren. Stat. 1865, ch. 168, §§ 3,5; Thompson et at. v. Morely, 29 Mo. 477.) H. The…
1Opinion of the CourtCurrier, Judge
This is an action brought under the statute for the recovery of damages. ■ (Wagn. Stat. 619, § 2.) It was originally instituted by the plaintiff, Ruth Buel, as the mother of a minor child, who is alleged to have been fatally injured through the carelessness of one of the defendant’s servants. Subsequently to the filing-of the petition, and eighteen months after the accruing of the cause of. action, the petition was amended so as to introduce Samuel E. Buel, the father of the deceased child, as a co-plaintiff in the action. By the statute (Wagn. Stat. 620, § 6) this class of actions is barred…
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- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
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