Legal Opinion

Carr v. Besse

Indiana Court of Appeals

Decided May 1, 1924No. 11,792PublishedCited by 1 opinion

1Opinion of the CourtDausman, P. J.

plaintiff did not have an abso lute right to file a supplemental complaint. Under the Code it was within the discretion of the trial court to-grant or refuse leave to file the proposed pleading. §408 Burns 1914, §399 R. S. 1881; 1 Watson, Revision Works Practice §861 et seq. That is the general rule. 21 R. C. L. 503; 31 Cyc 502.

The office of a supplemental complaint is to bring forward facts that have transpired since the institution of the action and which may tend to strengthen or reinforce the cause of action stated in the complaint. 1 Watson, Revision of Works Practice §865; 21 R. C. L.…

2Cases cited4 opinions

  1. Truitt v. TruittIndiana Supreme Court · 1871
  2. Muncie & Portland Traction Co. v. Citizens Gas & Oil Mining Co.Indiana Supreme Court · 1912
  3. Barker v. PrizerIndiana Supreme Court · 1897
  4. Wild v. Noblesville Building, Loan Fund & Savings InstitutionIndiana Supreme Court · 1899

3Cited by1 opinion

  1. Myler v. MYLERIndiana Court of Appeals · 1965

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