
    
      Dunn vs. Dunn and Webster.
    
    Chancery.
    Case 154.
    Error ta the Fayette Circuit; Jesse Bledsoe, Judge.
    
      Practice in chancery.
    
    June 17.
    
    Erroneous to permit amendmentin the progress of trial; but if merits not affected, decree will not be reversed.
    Loughborough, for plaintiff.
   Judge Underwood

delivered the opinion of the Court.

It was irregular to permit an amendatory answer to be filed in the progress of the trial, and then to proceed with it without giving the complainant an opportunity to contest the matter of the answer; and had it been shown in this case, that the complainant had been prejudiced by it, we should have reversed the decree. But without the amendatory answer the court should have decreed for the defendants, upon the state of the pleadings and proof.

Decree affirmed with costs.  