Chaffin v. Brame

The assignments of error raise these questions:

1. Did the court err in refusing to dismiss the action upon a compulsory nonsuit after all the evidence on both sides was in ?

2. Did the court err in permitting the plaintiff to amend his complaint after verdict and before judgment ?

We consider these questions in their numerical order.

There was sharp conflict in the testimony offered by the parties at the trial. We omit reference to the evidence adduced by the defendant because it is not necessary to an understanding of the questions arising on tbe appeal. The plaintiff made out this ease: At 9…