Phillips v. Tackett

I am of the opinion that a reversal of the judgment and a remand of the cause should be the decision because of failure of the trial court to grant a continuance when the petition was amended during trial below in which a material change in theory of plaintiff's cause occurred. This, in my opinion, entitled defendant to a continuance for preparation of the defense.

I am authorized to say that Mr. Justice OSBORN concurs in this view.