Movsovitz v. Wills

The defendant objected to the trial court allowing the plaintiff to amend the petition on the ground that there was not enough in the petition as originally filed to amend by. Code § 81-1302 provides: “A petition showing a plaintiff and a defendant, and setting out sufficient to indicate and specify some particular fact or transaction as a cause of action, shall be *197enough to amend by. . . If the declaration shall omit to allege facts essential to raise the duty or obligation involved in the cause of action which was evidently originally intended to be declared upon, the omitted fact may be…