Earhart v. Valerius

REEVES, District Judge.

Heretofore a motion to dismiss plaintiff’s petition in the above cause was sustained. When that was done plaintiff asked leave to file an amended petition. This was informally granted. The defendant now moves to strike out the amended pleading on the grounds that the order dismissing the original petition is an adjudication in his favor.

Rule 15 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, provides for amendments as follows: “A party may amend his pleading once as a matter of course at any time before a responsive pleading is served * * *.…