Beecher v. Carter

Atkinson, Presiding Justice.

A suit was instituted to enjoin working of timber for turpentine purposes', and for an accounting. A demurrer to the petition was sustained, and the action dismissed. At the instance of the plaintiff a bill of exceptions was duly certified by the judge, thus carrying the case to the Supreme Court. After that certification the defendants presented to the judg'e a petition alleging that after the hearing of the case on demurrer the plaintiffs had materially changed the petition, and prayed for the grant of an order directing the clerk to transmit to the Supreme Court…