State ex rel. Oliver Hast Auction Co. v. Grimm

ON MOTION FOR REHEARING.

ALLEN, J.

Respondent, the learned circuit judge against whom the writ runs, insists that the opinion of *573the court heretofore filed herein does not dispose of the real question in controversy, viz., the effect of filing an amended petition under the circumstances involved, particularly in connection with the provisions of section 1826, Revised Statutes 1909. In view of the provisions of section 1852, Revised Statutes 1909, providing that such an amendment may be made at any time before answer “without prejudice to the proceedings already had,” it would seem plain that…