Benner

(after stating the facts as above). [1] It is assigned as error that, after the close of the testimony, the court permitted the plaintiff to amend his complaint so as to allege: First, that for more than four years prior to the death of Clarence the plaintiff, as his father, by his acts and conduct had emancipated said Clarence and surrendered to him all rights to his earnings; second, that for more than one year prior to his death Clarence had contributed large sums of money to the support of his said sister and brothers in the sum of at least $50 per month, and that if he had lived he would have continued said contributions. It is said that to allow these amendments was error for the reasons: First, that no affidavit was filed showing good cause therefor as required by section 68 of the Civil *81 Practice Act of Nevada (Comp. Laws, § 3163); and, second, that the amendment stated a new cause of action. But the trial court was not bound to follow the provision of the Civil Practice Act of Nevada. Although section 914 of the Revised Statutes (U. S. Comp. St. 1901, p. 684) requires the District Courts of the United States in matters of practice, pleadings, and forms, in actions at…