Davis v. Smith

Gould, Justice.

In regard to these causes, I am of opinion that when the Code took effect there was in each “an issue of law or of fact, to be tried and therefore the provisions of the Code applied “ to the trial and all subsequent proceedings (Code, § 459 ;) whether for the purposes of amendments, on the trial or after it, or for any other purposes.

*188Would, then, the amendment (asked by the plaintiff in the cause first above entitled) of the complaint by increasing the amount of damages claimed so as to cover the amount found by. the referee, be an amendment allowable under § 169 of the Code,…