Dick v. Hitt

It is urged by the appellee that the judgment should be affirmed without considering the errors alleged by the appellant, for the reason that the original complaint was held bad on demurrer, and it does not appear that any amended complaint was filed. It is true that it is not stated in terms that an amended complaint was filed, but we find that leave was taken to amend, and also find an amended complaint in the record. Under such circumstances the only reasonable presumption is that the appellant followed out the leave granted by filing the amended complaint found in the record. It would be…