Purdy v. Pfaff
Citation | 104 Mo. App. 331,78 S.W. 824 |
Court | Court of Appeal of Missouri (US) |
Decision Date | 02 February 1904 |
Parties | PURDY v. PFAFF.<SMALL><SUP>*</SUP></SMALL> |
Appeal from Circuit Court, Lawrence County; Henry C. Pepper, Judge.
Action by Ida N. Purdy against Albert F. Pfaff. From a judgment for defendant, plaintiff appeals. Affirmed.
Washington Cloud, for appellant.
The sole question presented for the decision of this court necessitates the reproduction of the plaintiff's pleadings, although they are somewhat lengthy. Plaintiff brought this action to November term of the circuit court of Lawrence county, by filing the following petition:
Defendant's general demurrer was awaiting the action of the court, when, by leave of court, plaintiff substituted an amended petition, thus: ...
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Bentrup v. Johnson
... ... amended ones, and the third amended petition in this case is ... identical with the original petition. Purdy v ... Pfaff, 104 Mo.App. 331; Steele v. Brazier, 139 ... Mo.App. 319. (2) Even if the third amended petition were a ... departure, the ... ...
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Smith v. Harbison-Walker Refractories Co.
... ... 449; Arrowood v. Delaney's ... Estate, 295 S.W. 522; Liese v. Meyer, 143 Mo ... 547; Ross v. Land Co., 162 Mo. 317; Purdy v ... Pfaff, 104 Mo.App. 331. (2) The court erred in ... submitting this case to the jury for the reasons: (a) There ... was no proof either ... ...
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Steele v. Brazier
...with the original petition, though no objection was raised to the first amended petition on the ground of departure. [Purdy v. Pfaff, 104 Mo.App. 331, 78 S.W. 824.] amendment in this case of the first cause of action was not a departure. The statement of the plaintiff's cause of action in h......
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Bentrup v. Johnson and Lehmann.
...and not with intervening amended ones, and the third amended petition in this case is identical with the original petition. Purdy v. Pfaff, 104 Mo. App. 331; Steele v. Brazier, 139 Mo. App. 319. (2) Even if the third amended petition were a departure, the defendants by answering and going t......