Walker Fertilizer Co. v. Cole

(dissenting). — After our opinion and judgment was filed herein on April 26, 1940, in which we said:

“We think the court should assume a generous attitude in allowing amendments so that the true facts may be bared and a just decision reached, but the real question here is whether that generosity was extended too far by the learned trial judge. In other words, should an amendment to a motion for new trial be allowed when the time has expired to file an original motion and the newly discovered evidence is ■ irrelevant to the grounds already given and can shed no light on the dispute unless a new…