McClung v. Harris

Opinion of the court by

Burwbll, J.:

This is an action of mandatory rtrjunc-tion from the district court of Kay county, and comes here ■ a second time on appeal, having been considered by this, court at the January, 1901, term, and in the opinion then handed down the trial court was directed to enter a certain'. judgment. When the mandate from this court reached the court below, the plaintiff presented an amended petition, setting np facts which occurred prior to the trial of the original case appealed to this court, and asked leave to file the same, and to be permitted to litigate the…