West v. Landis

*313OPINION

By HORNBECK, PJ.

A number of grounds of error are asserted but in our judgment, there is only one of substance, namely, whether or not the amended statement of claim is a substantial change of cause of action, if so is not permissible under our code. Judge Snediker based his opinion in affirming the judgment of the Municipal Court upon the case of Spice and Son v Steinruck, 14 Oh St, 213. The first syllabus of which is as follows:

“1. The restriction upon amendments in S137 GC, that the proposed amendment ‘must not change substantially the claim or defense’ does not refer to the form of…