Peterson v. Lincoln County

Sedgwick, J,,

dissenting.

The majority opinion announces two neAv propositions of Iuav, neither of which have been so determined heretofore by this court.

1. The first proposition is that, in an action for fraud where facts constituting the alleged fraud are stated, an amendment Avhicli alleges additional facts constituting the same fraudulent transaction changes substantially the claim or defense, so that such an amendment cannot be allowed in any case after judgment. Section 144 of the code contains the language: “The court may, either before or after judgment, in furtherance of justice, and…