Bandy v. Smith

Wyatt, Presiding Justice.

1. It is first contended that it was error to allow the amendment to the petition in the instant case, which struck counts 2, 3, 4, and 5, and that it was error to enter the order revoking and vacating that portion of the previous order dealing with said counts. The contention is that, since demurrers had been sustained to certain of these counts, there had been a final judgment, and that the plaintiffs could not then amend and the judge could not then revoke and vacate his judgment. It appears from the record that no objection or demurrer to the said amendment was…