Crolley v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in November,.1881, in the district court for Hennepin county, to recover possession of land in that county. The defendant answered March 1, 1882'. On October 18, 1882, the defendant, on affidavit, moved for leave to serve an amended answer.
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Plaintiff brought this action in November,.1881, in the district court for Hennepin county, to recover possession of land in that county. The defendant answered March 1, 1882'. On October 18, 1882, the defendant, on affidavit, moved for leave to serve an amended answer. The motion was opposed, and, after argument before Lochren and Young, JJ., was denied, the court holding that “although the defendant’s laches do not seem to be excused, still, if the amendment asked for appears to be in furtherance of. justice, so that a denial of it will deprive defendant of a substantial meritorious…
1Opinion of the CourtGileillan, C. J.
The action is in ejectment. The question raised here is on the denial by the court below of a motion by defendant for leave to serve an amended answer. Perhaps the court, in the proper exercise of its discretion, might have denied the motion on the ground of defendant’s neglect to make it in time; but it did not deny it for that reason, but on the ground that the amended answer proposed did not set forth facts constituting a defence. As the decision was based on that ground, it is reviewable here.
The proposed amended answer set forth in substance that the Minneapolis & Northwestern Railway…
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