Thornton & Warren v. Cordell

Russell, .T.

1. The grounds of the amendment to the motion for new trial, not being formally approved by the presiding judge, can not be considered. The order signed by the judge “allowing” the amendment to the motion is not an.equivalent of the approval and verification which the law requires as to the statements of fact contained in the grounds of a motion for new trial.

2. Where the court permits an amendment to a petition after a demurrer lias been filed thereto, but before ruling upon the demurrer, the demurrer need not be again formally presented, in order to permit the filing of…