Bigelow v. Dunn

By the Court, Daniels, J.

"Upon the return of the summons, when the parties appeared before the justice, the plaintiff complained of the defendant for inducing him to purchase an ox, by means of certain alleged false and fraudulent representations. When the parties again appeared before the justice, the plaintiff' asked leave to amend his complaint by changing it from an action for fraudulent representations to an action for a breach of warranty. And that change the justice allowed to be made, notwithstanding the objection of the defendant. If the justice had no power to allow this change to…