Miller v. Superior Court of Riverside Cty.

Certiorari to secure a review of the action of the superior court in allowing a certain amendment to be made in a complaint filed in the justice’s court and brought to the superior court on appeal. The justice court action was entitled “San Jacinto Packing House, Plaintiff, vs. I. N. Miller, Defendant,” and the suit was to recover a sum of money alleged to have been earned by plaintiff for labor performed. The first paragraph of the complaint contained the following allegation:

Defendant, after demurring, filed an answer to the complaint and the action proceeding to trial, and judgment followed in favor of the plaintiff. An appeal was then taken and at the trial had in the superior court, and upon application made therefor and against the objection of the defendant, plaintiff was allowed to amend the title of his suit, making it read as follows: “Arthur S. Holden, doing business under the name and style of San Jacinto Packing House, Plaintiff, vs. I. N. Miller, Defendant.” Defendant offered no testimony, and judgment was again entered in favor of the plaintiff.

Petitioner here insists that it was not within the power of the superior court to allow the amendment to be made in the…