Wade v. Markwell & Co.

This is an appeal by defendant company from a judgment for defendant’s conversion of plaintiff’s coat.

At the outset of the trial, defendant objected to the introduction of any evidence on the ground that plaintiff’s first amended complaint failed to state facts sufficient to constitute a cause of action for the recovery of her coat or its value. After briefly taking testimony, plaintiff served on defendant her second amended complaint, and it was on the allegations of this pleading that the case was subsequently tried. There can be no quarrel with this procedure. A court may exercise great…