Moore v. Day Builders Supply Co.

In our opinion, remanding this case we stated:

“Under the circumstances we think the amended petition cannot be totally disregarded.”

Learned counsel for defendant Day Builders Supply Co., Inc., in an able and forceful brief, insisted that in giving effect to the amendment we have held that the amendment was in fact allowed or permitted by the Judge of the City Court, and they renew and further urge the point that in the absence of a formal order by the City Judge allowing the amendment it cannot be considered.

On further consideration we have reached the conclusion that there was in fact an…