Smith v. Schlink

Whether we consider the interests of the public or the interests of the parties, we must regret our inability to affirm this judgment. The plaintiff has got nothing to which he might not be able to establish his title under proper conditions, and the defendants are prohibited nothing to which they have any apparent claim, yet the record does not warrant the judgment. A decree was entered which cannot be sustained on the bill. We shall dismiss all matters antecedent to the amended complaint. When it was filed it necessarily took the place of all prior pleading by the plaintiff and became the…