Dann v. Baker

By the court—T. R. Strong, Justice.

A supplemental complaint under § 177 of the Code, is not like an amended complaint under § 172, allowing any pleading to be once amended by the party of course, a substitute for the original complaint, by which the former complaint is superseded; but it is a further complaint, and assumes that the original complaint is to stand. Hence, where a supplemental complaint is made after answer, the answer is not, as in the case of an amendment after answer, at an end; but it remains in full force, and an answer is required only as to the supplemental matter. And I…