Mahlon Pitney

“ It is certainly competent for a court to say, within reasonable limits, what amounts to a compliance with its rules and the principles of law, respecting the order and limitations of proceedings in a case. Besides, in the opinion of the court, the proposed amendment would not have changed the character of the plaintiff's claim, nor relieved the contract of its infirmity. ”

“ With respect to the third assignment of error, it is contended that the supreme court of appeals of West Virginia refused to give full faith and credit to the objection interposed by plaintiff in error to the plea of res judicata based upon the decrees rendered in the Virginia case of Roller v. Murray, the objection being based upon the record in the case of Chesapeake-Western Co. v. Roller, a subsequent decision in the Virginia courts, which, it is contended, overruled the decision in the first Virginia suit so far as it tended to debar plaintiff in error from suing upon a quantum meruit. ”