Simpson v. Hayes

Atkinson, Presiding Justice.

(After stating the foregoing facts.) While the precise question presented is the legality of the trial judge’s order of January 29, 1951, in striking the plaintiff’s third amendment, yet, to determine that question, it becomes necessary to consider the effect of the prior order of the judge issued on June 22, 1950, after the first amendment was filed, the effect of which was to dismiss the petition but allow ten days to reinstate the case by asserting proper allegations. There was no exception to this order. When on June 29, which was within the ten-day period, the…