Welsbach Commercial Co. v. Popper

This is an appeal from ari order denying a motion to vacate a judgment, and allowing an amendment of said judgment foil. It is conceded that one has a right to an amendment of a mistake or such like, but not to a substantial and fatal error. Where *1017it appears, as in this case, that neither the original nor a copy of the answer is or has been in the possession of the defendant’s present attorneys, and there is no evidence of the same having been in possession of defendant’s former attorney at any time, and the same state of facts is clear and certain in regard to the amended answer, this…