Loretto Literary & Benevolent Society v. Garcia

OPINION ON REHEARING, ADHERING TO FORMER

OPINION.

ROBERTS, C. J. —

A rehearing was granted in this cause, because of appellee’s insistence, supported by a well prepared brief, that the Court had erred in its former opinion, in holding that the amendment was not permissible, as a trial amendment, because it • introduced a new cause of action, and a desire on the part of the Court toreinvestigate the question. By sub-section 96 of section 2685, C. L. 1897, the Court -is enjoined “so to construe the provisions of law relating to pleading and amending the same, and so to adapt the practice…