North British & Mercantile Insurance v. Rudy

Suit by appellee against appellant on an insurance policy to recover for a loss sustained by fire; trial by jury; verdict and judgment for appellee.

In their argument counsel for appellant have discussed but three questions: (1) The action of the court in allowing appellee to amend his complaint during the pendency of the trial; (2) the overruling of its motion for a continu*473anee upon the filing of the amended complaint, and (3) the overruling of its motion for a new trial.

The record shows that the jury had been impaneled and the trial commenced. Appellee was the first witness called in his own…