Johnston, Et Ux. v. Johnston

This appeal is from a decree permitting an amended bill of complaint to be filed after the evidence was all in and then denying a motion to dismiss, the essential question being that the amended bill constituted a departure in pleading.

The record and briefs of counsel have been examined and while there are immaterial differences in verbiage and construction the ultimate purpose of both the original and the amended bill of complaint is identical and. this is the test on which the question of departure must turn. The amended bill was made necessary by reason of lack of allegations in 'the…