McClure v. . Burton

We are of opinion that this case is within the scope of the latter part of the act of amendment of 1790 which gives power to the courts to amend imperfections, defects and want of form, (85) upon such conditions as they may prescribe.

If the act did not allow an amendment in matter of substance, that part which allows an amendment would be perfectly inoperative; for, as to matters of form, they are cured, and need no amendment. The reasons for this exposition of the act are stated more at large in the opinion of the Court in Davis v. Evans, post, 111. But as the plaintiff must fail in the…