Curlee v. . Scales

The questions primarily stressed on the argument here do not arise on this record.

There was no exception to the order of the court permitting an amendment of the complaint. Hence, the authority of the court to permit an amendment setting up a new cause of action after the action on the judgment as entered is clearly barred by the statute of limitations is not challenged.

The defendant brings forward his exception to the order overruling the demurrer, but under this exception he discusses the authority of the court to allow the amendment. Thus, we have an argument unsupported by exception and…