S. A. L. Ry. Co. v. Tampa Southern R. R. Co.

Giblin (Circuit Judge) :

This cause had proceeded in the lower court to the taking of testimony upon the issues presented by the bill of com plaint of the complainant (appellee) and the answer of the defendant (appellant). The defendant’s general demurrer to the bill had been overruled prior to the filing of th¿ answer. The order overruling the demurrer was not appealed from and its propriety is not to be reviewed here.

On the date set for the hearing of the testimony the defendant applied to the court for leave to amend its answer. Leave to file the tendered amendment was granted, except as to…