Tracey v. Franklin

Layton, Judge,

delivering the opinion of the court:

There seems ample authority that an appellate court may, under proper circumstances, grant leave to amend, or to apply for leave to amend, in a lower court. Among the situations where it would seem proper for an appellate court to grant leave to amend, or to apply for such leave below, are cases where an appellant is successful in obtaining a reversal of a judgment on the pleadings by a lower court; where an appellate court affirms a judgment of a lower court on different grounds from those held determinative in the lower court; or, doubtless,…