Keilty v. Traynor

On February 15, 1898, this cause was called for trial at Trial Term. Thereupon the defendant’s counsel moved that the cause be stricken from the calendar upon the ground that it was an action in equity, and, therefore, improperly upon the Trial Term calendar. After some discussion between counsel, the trial justice suggested that the plaintiff be allowed to amend his complaint without losing his place upon the calendar or the advantage of his proceedings theretofore had in the action, and it was further suggested that, in consideration of the privilege thus accorded him, the plaintiff should…