Park v. Jones

1. The court, upon motion of the plaintiff, struck that paragraph of the original answer which contained all of the defenses to the plaintiff’s action. Ten days later, and during the same term of court, the defendant offered an amendment to his answer, and the amendment was allowed over the objection of the plaintiff that there was nothing to amend by. Upon such a question the trial court has a wide discretion, which will not be controlled unless manifestly abused. Although the court struck all the defenses set forth in the answer, and although this judgment was unexcepted to, and therefore…