Smith v. Cole

Since, under Code § 81-1301, all parties as a matter of right may amend their pleading in all respects prior to judgment, it was error for the trial court to refuse the plaintiff’s amendment offering to strike paragraph 17 of her petition which alleged: “The assault on petitioner was wholly unprovoked.” The error was not harmful to plaintiff, however, where another paragraph as to which no offer to amend was made also alleged that the assault and battery was unprovoked. Both paragraphs were denied by the answers, and, under the latter, even with the former paragraph stricken, the defendant…