Smith v. Goodwin

(After stating the foregoing facts.)

It is contended by the caveator that the trial court erred in overruling her demurrer to the amendment filed by the applicants after the case reached the superior court on appeal from the court of ordinary on the grounds that the amendment sought to add a new party to the cause of action, and sought to base applicants’ claim on a fact not in existence at the time of filing the petition. Code § 6-501 provides as follows : “An appeal to the superior court is a de novo investigation. It brings up the whole record from the court below and all competent evidence…