Everett v. Jennings

1. The striking of the amendment to the plea and answer is not ground for new trial. In so far as. the amendment attempted -to set forth the evidence upon which the defendants relied, it contained matter which does not find a proper place in the pleadings; and in so far as it contained allegations material to the defense, evidence to sustain them was admissible under the issues raised by the original answer to the petition, the defendants being allowed to introduce evidence sustaining the defense set up in the amendment; and the issues thus made having been submitted to the jury in the…