Olshine v. Bryant

Broxbes, O. J.

1. It appearing from the transcript of the record and the admissions in the brief of counsel for the plaintiff in error that the defendant filed no objection to the allowance of the amendment of the plaintiff’s petition which was allowed on May 24, 1935, the ques-' tion whether the amendment was properly allowed is not before this court. While it is alleged in the bill of exceptions that the defendant objected to the allowance of the amendment, this allegation is refuted by the record; and it is well settled that where there is a conflict between the allegations in the bill of…