Elliott v. Clark
Superior Court of New Hampshire
Motion to amend. The writ was sued out in the name' of Lafayette Elliott, as plaintiff. The plaintiff:’’ s counsel moved to amend, by striking out the Christian name, “Lafayette,” and inserting, instead thereof, Benjamin E. To this the defendant objected, on the ground that it was not an amendable error.
1Opinion of the CourtParker, C. J.
The cases which bear upon this question are not entirely in harmony.
Thus, in Poitvin v. Tregeagle, 2 Ld. Raym. 771, it was held that the Christian name of the plaintiff could not be amended by inserting Peter for John. So it was held that *422a declaration in favor of Emerson & Godfrey could not be amended by inserting instead, John Emerson, as the plaintiff. Emerson v. Wilson, 11 Vt. 359. This was treated as an amendment changing the parties.
But in Moulsworth’s Case, Comb. 287, Richard for Robert was amended, by the bill on file, after judgment. So Harvert for Harbert was amended after issue,…
2Cases cited3 opinions
- Waterbury v. MatherNew York Supreme Court · 1837
- Emerson v. WilsonSupreme Court of Vermont · 1839
- Scull v. BriddleU.S. Circuit Court for the District of Pennsylvania · 1808