Moore v. Childers

Kirby, J.,

(after stating the facts). The court did not err in refusing to make the nunc pro tunc, order requested. Upon a hearing it was disclosed that appellant’s attorneys, when the demurrer was sustained, did not ask leave to amend, and the court noted on its docket that appellant elected to stand on his complaint and declined to amend, and dismissed it. The deputy clerk stated that the court read the docket entry, and none of appellant’s attorneys objected to it, and that the motion to amend was not filed until the next day, September 1, which was more than 10 days after the expiration of…