by John Marshall Harlan

“ The parties were not limited to the production merely of evidence. The defendants, in the discretion of the court, could have been allowed, upon a proper showing, and before taking further proof, to amend their pleadings, and equally the government, before taking further proof, could have been allowed to file a supplemental complaint. ”

“ Appellants seek to be relieved from their own default by alleging neglect on the part of their attorneys. . . . There being service of a copy of the supplemental complaint upon one of the attorneys of record on the day on which it was filed, it was entirely regular for the court to render the decree when applied for forty-four days after such service, in the absence of any appearance or pleading by the appellants.'
Some stress is laid on the fact that the government obtained an injunction to prevent the defendants from constructing its reservoir and dam. ”

“ In every substantial sense those facts were material. Strictly speaking, they may have constituted new matter, but they did not present a new cause of action. Jenkins v. International Bank, 127 U.S. 484, 32 L. ed. ”