Smith v. Goodwin

Jordan, Judge.

1. There is no merit to the defendant’s contention that the trial court erred in denying the defendant’s motion to strike an amendment to the plaintiff’s petition, filed in response to an order of the court sustaining certain special demurrers subject, however, to the right of the plaintiff to 'amend his petition within 10 days, on the ground that the purported amendment was allowed by the court within the 10-day period but not filed with the clerk until 16 days after the order. The order of the court sustaining the special demurrers subject to the right of the plaintiff to…