Richards v. Dye

Sutton, C. J.,

dissenting. 1. The statement of facts appearing before the majority opinion is substantially correct. The superior court did not err in sustaining the assignment of error in the petition for certiorari upon the allowance, on December 8, 1952, of the same' amendment to the suit which had been offered and allowed on March 13, 1951. It appears that the same objections were made to the proffered amendment on each occasion, *387but the superior court had ruled, on a previous certiorari, that the amendment should not have been allowed over the objections made to it. Upon the reoffer of…