Holland Furnace Co. v. Stevenson

It is the contention of counsel for the ' plaintiff that the setting aside of the ori- ‘ ginal judgment and the filing of an apiended petition praying for an increased amount of indebtedness was what is known in law . as a departure, and that the lien or rights of the two defendants begin or could be asserted so far as that action is concerned - only from the time the amended petition ‘-, was filed. This proposition is not well taken. A mere change in the amount sought to be recovered to correct a mistake . in the original petition ,does not constitute a departure. A departure exists only…