Hopkins v. Alvis

Judge Owsley

delivered the opinion of the court.

This is an appeal from a judgment recovered by Alvis, in an action of assumpsit brought by him against Hopkins.

By the assignment of errors the proceedings are questioned—

1. In the courts permitting the writ of Alvis to be amended.

2. In refusing to exclude from the jury the evidence introduced by Alvis.

3. In refusing to award a new trial.

We have no doubt the amendment complained of cannot vitiate the judgment recovered by Alvis. The amendment appears to have been allowed after the general issue was pleaded, and part of the jury sworn, and consists…