Louisville, New Albany & Chicago Railway Co. v. Hubbard

The first paragraph of the appellee’s complaint was, by the instruction of the trial court, withdrawn from the jury, and the case, therefore, stands upon the second paragraph. That paragraph is a demand of compensation for services performed for the appellant, at its request,, by the appellee.

The cause had been at issue for four months when the appellant asked leave to file an amended answer. We can not. say from the record that the trial court abused its discretion, in refusing permission to open the issues. It devolves upon the party who assails the refusal of the court to open the-issues…