Weiss v. Johnson & Johnson Construction Co.

Quillian, Judge.

Counsel for the plaintiff insists that the trial judge erred in not sustaining his demurrer to the amendment and in not sustaining his motion to compel the defendant to pay all accrued costs because the defendant did not attach an affidavit to the amendment .stating that it was not filed for the purpose of delay. The defendant filed an affidavit on the date of the hearing which did not meet all the requirements of Code § 81-1310, but did aver that the amendment was not offered for purposes of delay. Generally it is within the court’s discretion as to whether the amendment will…