Jones v. Butler

Bell, Justice.

Whether or not the order of January 26, 1940, should have provided only for the elimination of the four particular paragraphs of the petition unless they were amended, it actually adjudged that the whole petition should stand dismissed in the absence of “appropriate amendment.” This amounted, whether correctly or incorrectly, to an adjudication that these paragraphs were essential to the statement of a cause of action for any relief; and the order was not met or satisfied by an amendment which struck these averments altogether from the petition. The amendment as proposed having…