Judd v. Small

After the case had been closed and the trial court had partially announced its finding, the plaintiff asked leave to amend one of the items in the second paragraph of his complaint, and, as the bill of exceptions recites, leave was granted to amend his pleading so as to make it “ correspond with the proof.” The defendant made no offer to show that he was misled or prejudiced by the amendment, but did nothing more than except to the ruling of the court. Our decisions establish the rule that where it does not appear that the defendant was prejudiced by the amendment, the judgment will not be…