State Ex Rel. Blythe v. Trimble

ON MOTION FOR REHEARING.

Counsel for respondents earnestly insist that the refusal of the trial court, at the close of the evidence for plaintiff, to permit the relators (defendants in the trial court) to file an amended answer pleading that the plaintiff, administrator of the estate of A.B. Woolston, prior to the trial, had filed his final settlement and had been discharged, was a matter within the sound discretion of the court and not reviewable on appeal. They refer to the statement of the trial court (251 S.W. l.c. 149) in which the learned judge,inter alia, said:

"Therefore the court is in…