Hunter v. Philadelphia, Baltimore & Washington Railroad Co.
Superior Court of Delaware
Action on the Case (No. 18, April Term, 1908). Demurrer to declaration. Application to amend demurrer.
1Opinion of the Court
Pennewill, C. J.:
This, so far as we know, is the first application of the kind made in the courts of this State. Under the very general and broad terms of the statute (Sec. 11 p. 849, Rev. Code),—which provides “that in any civil case pending before the Superior Court, said Court shall have power at any time before judgment to allow amendments either in form or substance of any process, impleading or proceeding in such actions on such terms as shall be just and reasonable”—we are inclined to hold that a demurrer may be amended. It is certainly a proceeding *7incident to the trial. In any event,…
2Cited by6 opinions
- Roberts v. Maryland, Delaware & Virginia Railway Co.Superior Court of Delaware · 1914
- Bullitt v. Delaware Bus Co.Superior Court of Delaware · 1935
- Braderman v. Baltimore & Philadelphia RailroadSuperior Court of Delaware · 1926
- Hill v. DaySuperior Court of Delaware · 1938
- Culver v. Metropolitan Life InsuranceSuperior Court of Delaware · 1934
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