Central Railroad & Banking Co. v. Denson

Simmons, Justice.

It appears from the record in this case that when the case was called for trial in the court below, the defendant demurred to the plaintiff’s declaration, on the ground that it contained no sufficient cause of action to warrant a recovery ; whereupon the plaintiff amended her declaration, which the court allowed her to do over objection of the defendant, the defendant contending that there was not enough in the original declaration to amend by, and that the amendment thus made set out a new and independent cause of action from that set out in the original declaration. The…