Scott v. . Harrison

The concluding statement of the opinion in the former appeal was, “Plaintiff will be given reasonable time to amend her complaint, if she so desires. The judgment overruling the demurrer is reversed.” In my opinion, both the plaintiff and the judge below were correct in interpreting this as an order of this Court permitting plaintiff to amend. The words' are plain, clear and positive. Nor are they, in my opinion, altered in meaning by the sentence preceding the quoted statement, as that sentence merely distinguished the ease under consideration from an earlier case. As the sentence quoted…