Gage v. Brown

After both parties had submitted this cause for hearing on the original and amended bills, and upon answers thereto, and upon the proofs taken, the court, against the protest of defendant, granted complainant’s motion to further amend the original bill. That was done, and in the amendment made, complainant asked relief against a certain tax deed, not prayed for in the original-bill, nor by any amendment to it. Thereupon, defendant entered a motion for a continuance, on the ground of surprise by the character of the amendment; that it made an entirely separate and. distinct issue, and that as…