Clay v. Howington

Counsel for the defendant Clay (the plaintiff in error) after making certain preliminary remarks, some of which are somewhat facetious, states: “Seriously, this court will find that the real complaints of plaintiff in error are to the rulings complained of in the exceptions pendente lite and in the amendment to defendant’s motion for a new trial, and we will argue them in this order.” We will deal first with the questions in the order suggested by distinguished' counsel for the defendant. It is our opinion that the original petition as amended in the first instance was not subject to…