Jack Fred Company v. Lago

Code § 81-1203 states: “All affidavits for the foreclosure of liens, including mortgages, and all affidavits that are the foundation of legal proceedings and all counter-affidavits shall be amendable to the same extent as ordinary petitions, and with only the restrictions, limitations, and consequences obtaining in the case of ordinary petitions and pleas.” Code § 81-310 provides that no part of an answer shall be stricken out or rejected on account of being contradictory to another part of the same. Under these rules the trial court did not err in allowing the amendment to the affidavit of…