Stazel v. Herndon

The opinion of the court was delivered by

Hopicins, J.:

The question involved here is whether the trial court committed reversible error in striking from the files an amended petition filed by the plaintiff on the ground that its allegations were a departure from the allegations of the original petition.

The action was one in which the plaintiff sought to eject Herndon and his wife from certain real estate and have judgment against them for damages and treble damages. (R. S. 21-2435.) Answer was duly filed and on application of the defendants Herndon, McFadden and wife were made parties. A…