Martin v. Baines

BROWN J.

(after stating the facts as above). The amendment to the bill relates to the same transaction between the same parties, and the motion to strike was properly overruled. Code 1923, § 6558; Birmingham Ry., Light & Power Co. v. Oden, 164 Ala. 1, 51 So. 240.

Rule 10 of Chancery Practice, cited by appellant,, provides that:

“Bills which contain blanks are defective, and may be ordered to be taken off the file.”

However, the fact that^ a bill contains blanks does not render it demurrable, unless the omitted averment is essential to the equity of the bill. As the rule indicates, it may be…