Wood v. Speakman

I am concurring in the conclusion reached by the majority in this case, but I cannot concur in that portion of the opinion which seems to give approval to the rule stated in Littlefield v. Brown, 68 Okla. 144, 172 P. 643.

Section 315, C. O. S. 1921, provides as follows :

“The plaintiff may amend his petition without leave, at any time before the answer is filed, without prejudice to the proceedings ; but notice of sueh amendment shall be served upon the defendant or his attorney, and the defendant shall have the same time to answer or demur thereto as to the original petition.”

The evident…