Davis v. Ritchie
| Citation | 85 Mo. 501 |
| Parties | DAVIS, Appellant, v. RITCHIE. |
| Decision Date | 30 April 1885 |
| Court | United States State Supreme Court of Missouri |
Appeal from Buchanan Circuit Court.--HON. W. H. SHERMAN, Judge.
REVERSED.
Jas. W. Boyd for appellant.
Moss & Shortridge for respondent.
We reverse the judgment in this cause because the amendment, consisting as it did in striking out the name of Davis as co-plaintiff, was an amendment which did not change the original cause of action, in the smallest particular and was an amendment perfectly competent to make under the liberal provisions of section 3060, Revised Statutes, 1879. Therefore, judgment reversed and cause remanded.
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9 cases
- Kirchner v. Grover
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Bushnell v. Louisville & Nashville Railroad Company
...892; Supply Co. v. Dreyfus, 104 Mo.App. 437; Gunther Bros. v. Aylor, 92 Mo.App. 163; School District v. Wallace, 74 Mo.App. 321; Davis v. Ritchie, 85 Mo. 501; Sprague Follett, 90 Mo. 547. (4) The court had jurisdiction of the person and of the subject-matter, and the right to amend receives......
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Harrison v. McCluney
... ... (2) George ... W. Harrison was a competent witness to the contract set up, ... he not being a party to the cause at issue and on trial ... Davis v. Looker, 47 Mo. 140; 73 Mo. 546; 65 Mo. 305; ... 68 Mo. 72; 64 Mo. 142; 66 Mo. 429; 63 Mo. 290; 59 Mo. 187. ( ... a ) He was rendered competent ... motion to strike out the amended pleading. Thieman v ... Goodnight, 17 Mo.App. 429; Davis v. Ritchie, 85 ... Mo. 501; Bettes v. Magoon, 85 Mo. 586. (6) If a ... cause of action was stated in the petition, there was no ... error in the instructions ... ...
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Grigsby v. Barton County
...by adding new parties plaintiff or striking out parties plaintiff. Ragan v. Railroad, 111 Mo. 456; Merrill v. St. Louis, supra; Davis v. Ritchie, 85 Mo. 501. BRACE, P. J. This is a suit in equity instituted by George W. Grigsby as plaintiff, against Barton county and A. C. Poole as defendan......
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