100 So. 821 | Ala. | 1924
This is the third appeal in this case,
"While the law of amendments is liberal, and the practice of courts indulgent, there must be an end to litigation, and if a complainant cannot or will not finally amend a defective bill so as to meet the requirements of law within a reasonable time, there is no recourse except to dismiss the bill."
Upon the last appeal the decree was modified so as to allow the complainant to amend the bill so as to conform to the opinion. This was not done, as the bill still contained inapt and improper allegations and was subject to the demurrer as sustained thereto, and complainant having been given a reasonable time to amend, and failing to do so, the trial court did not err in sustaining the complainant's motion to dismiss said bill and the decree of the circuit court is affirmed.
Affirmed.
All the Justices concur, except SAYRE, J., not sitting.