Wilde v. Hexter

This case was, argued orally and submitted to two judges.

The action is in the nature of trover. The complaint alleges the unlawful and wrongful taking and conversion of the plaintiff’s property by the defendant. At the trial, the plaintiff was allowed to amend by adding to the complaint that the property was taken willfully and maliciously, to which the defendant objected. The defendant made no affidavit that he was misled or prejudiced by the amendment. No new cause of action was added. It was not a case of failure of proof within the meaning of section 172 of the Code.

The case at the trial…