Landers v. Safeway Stores, Inc.

The motion to amend and the order allowing amendment were both made after the expiration of the ten-day period within which motions for new trial are to be made, but we are of the opinion that it was within the power of the court to allow the amendment. If further time was required for preparation by the defendant after the allowance of the amendment it was within the discretionary power of the court to grant such additional time. If the amended motion for a new trial was brought up for decision at a time so near to the. expiration of the fifty-five days within which motions for a new trial…