Welsh v. Bardshar

Pleading—Admissions of Original Answer—Amendment—Findings. —An amended answer supersedes the original as a pleading; and it is immaterial that admissions contained in the original answer are inconsistent with the findings, if not expressly adopted as part of the amended answer.

Id.— Construction of Amended Answer — Eeference.— Where the amended answer to a second cause of action refers to and adopts certain paragraphs “of the answer to the first cause of action set forth in the complaint, and makes them a part of the amended answer to the second cause of action,” etc., the intention of the pleader is manifestly to adopt the paragraphs of the amended answer, and not those of the original answer.

Id.—Finding against Answer—Water Eights—Injunction—Appeal. —In an action to enjoin the interference of the defendant with plaintiff’s water-ditch, where the defendant in his answer claimed the right to thirty inches of water, the fact that the findings and judgment awarded him only twenty-five inches of water is not the subject of complaint upon appeal of the plaintiff, on the ground that the findings are inconsistent with the answer.

Id.—Findings—Clerical Mistake—Probative Fact—Eights Subject to Agreement.—A clerical mistake in the finding of a probative fact as to the date of a contract between the parties adjusting water rights of the defendant is immaterial where the court finds that plaintiff’s ownership of his water-ditch is subject to defendant’s rights under the agreement, and awards to the defendant less water than that allowed by the agreement.