
    430.
    Gurr v. Carter.
    Complaint, from city court of Dawson — Judge Park presiding. February 27, 1907.
    Argued June 25,
    Decided July 4, 1907.
    
      W. H. Gurr, for plaintiff in error.
    
      A. M. Raines, M. J. Yeomans, contra.
   Powell, J.

The court erred in not granting the defendant’s motion for a continuance, upon the plaintiff’s having tendered a material amendment to his petition, whereby the defendant was surprised and rendered less prepared for trial. Judgment reversed.  