62 P. 760 | Or. | 1900
after stating the facts, delivered the opinion of the court.
It is maintained by defendant’s counsel that the court, in allowing the plaintiffs’ motion to amend their complaint, was authorized to impose upon them such terms as were proper; and having, in the same order, permitted the defendant to file an amended answer, no error was committed in denying the motion for a judgment of nonsuit. Tire statute permits the court, at any time before trial, in furtherance of justice, and upon such terms as may be propgr, to allowT any pleading to be amended: Hill’s Ann. Laws, § 101. If it be assumed that the court, in permitting the plaintiffs to amend their complaint, had the power to impose, as a condition of such permission, that the defendant should have the corresponding right to file an amended answer, such condition precedent is not specified in the order allowing the amendments, and hence the plain