The plaintiff, in any cause of action for unliquidated damages in which a default has been entered, or in which a judgment has been rendered upon a demurrer to the complaint overruled, may, at any time before final judgment, amend his complaint on the payment of costs, at the discretion of the court; but, after any such amendment, the defendant shall have a reasonable time to file an answer to the same.
(1949 Rev., S. 7856.)
Cited. 69 C. 554. Default admits allegations of original complaint, not those of subsequent substitute. 86 C. 308. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.