Hicks v. Ferdinand

The application to amend the answer, and for a rehearing, should he denied, because it does not satisfactorily appear that the facts constituting the new defense could not have been discovered by the exercise of reasonable diligence before the cause went to a hearing. The complainant has conducted a difficult, protracted, and expensive litigation to a successful issue, and it would subject him to great hardsldp to compel him now to abandon the fruits and meet a new defense. It was bis right to be apprised by the answer of the defenses which ho would have to meet and overthrow, so that he…