State Ex Rel. Houghton v. Pethtel

By the Court.

Prom the journal entry of the Court of Appeals and statements of counsel in their briefs filed in this court it appears that leave was granted “to substitute L. D. Crowther for Stanley L. Houghton, as relator.” However, the amended petition recites that a motion was allowed to make L. D. Crowther a “party plaintiff.” The amendment did not conform to the leave granted, if any, and was, therefore, filed without leave.

Section 11361, General Code, permits an amendment to a petition, without leave of court, within ten days after demurrer. In this case demurrers were filed but no…