Benton v. Benton

Appellant’s most important contentions are: 1. That the amendment to the bill of complaint was improperly allowed (1) because it was offered after a final decree settling the main issue in.the case, and (2) it changed the nature of the cause, setting up a new and different case, and working injustice to respondent. 2. That, even if allowable, it was necessary that the submission should have been first set aside, and notice of its allowance given to respondent so that he might plead, answer, or demur to the bill in its changed aspect. That,, in any event, the facts set up in the original bill,…