Chase Electric Const. Co. v. Columbia Const. Co.

HOEEAND, District Judge.

Before the defendant in this case had filed any answer, plea, or demurrer, the plaintiff, in a material matter,, amended its bill, but before any costs had been occasioned to defendant. There was no affidavit attached to the amendment, and for this reason a motion was made to strike it from the record. Under equity rule 38, the plaintiff was entitled to amend, as a matter of course, before answer, plea, or demurrer filed, and it was not necessary that the amendment proposed should be supported by affidavit. It has not been the practice here to require bills in equity,…