Smith v. New York Life Insurance

The defendant’s first and only exception and assignment of error embraces its exception to the order of his Honor, G. Y. Oowper, special judg'e presiding at the November Term, 1934, permitting the plaintiff to amend his pleadings so as to set up a waiver of the conditions of the policy by the defendant, and the defendant contends that said order was erroneously granted for that: “(1) It is in violation of section 547, C. S., in that the amendment changes substantially the claim of the plaintiff, and (2) the court was without authority to permit a replication, for that the time for replying to…