Long v. Kansas City, Mexico & Orient Railroad

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment against it for attorney’s fees.

1. The defendant contends that the trial court abused its discretion in refusing to permit an amendment of the answer. The plaintiff alleged the incorporation of the defendant and the agency of a number of persons to act for it. The answer filed consisted of a general denial not verified. At the commencement of the trial the plaintiff dismissed that part of his cause of action depending on quantum meruit. The defendant’s counsel then examiiied the petition and noticed…