Foreman v. Walters

Opinion of the Court by

Chief Justice Settle

Affirming.

The reversal of the judgment rendered by tbe circuit ■court in this case is asked by tbe appellant on tbe ground that tbe amending of tbe petition, by certain interlineations, permitted by that court, made sucb a material change in tbe claim sued on, or cause of action, as rendered necessary tbe issuance and service upon appellant of another summons in tbe case; and that as this was not •clone, tbe court was without jurisdiction to render tbe judgment appealed from. In the form originally drafted and filed, tbe petition in stating tbe name…