Evans v. Hughes County

This is an application to this court to amend its judgment in this case by adding thereto that “plaintiff have leave to amend his complaint within sixty days upon the payment of the costs of the appeal.” The court below sustained a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. No leave to amend was given in the order, and no judgment was rendered in the court below upon the demurrer. The plaintiff appealed to this court, and it affirmed the order made by the court below.

The question presented is: Has this court power to grant…