Hopkins v. Briggs

This was an action of trespass brought to recover damages for digging a ditch across the lands of the plaintiff.

The defendant Briggs justified as drain commissioner and the others as contractors. The case had been commenced in justice’s court and removed into the circuit, where upon motion the court permitted defendants to amend their notice annexed to the plea, by setting up the fact that they dug the ditch under a license from the plaintiff. This was objected to. We are of opinion that the court had power to permit the amendment to be made in this case. It was in furtherance of justice, and…