Harris v. . Board of Education

It is tbe contention of tbe defendants tbat tbe provision of C. S., 515, tbat “witbin ten days after tbe receipt of tbe certificate from tbe Supreme Court, if there is an appeal, if the demurrer is sustained tbe plaintiff may move, upon three days notice, for leave to amend tbe complaint,” made it necessary for tbe plaintiffs to give three days written notice (C. S., 914) of their intention to lodge'tbeir motion to file additional or amended complaint.

With tbe contention of tbe defendants we cannot concur. Tbe permissive right given tbe plaintiffs by tbe statute does not deprive them of tbe…