Chapin v. Thompson

This is an appeal from an order allowing certain proposed amendments to the case and exceptions made and served by the plaintiff, the effect of which was to strike therefrom the evidence given and the proceedings had on the trial before the jury of the questions submitted, as in the case of a trial of feigned issues under the former equity practice.

A brief review of the proceedings had in this case on bringing it to trial, and subsequently thereto, will show, I think, that the order made by the learned judge was erroneous.

The action was for the foreclosure of a real estate mortgage; but one…