Hoyt v. Smith
Supreme Court of Connecticut
Bill in equity. The facts of the ease are fully stated in the report of a former hearing of the same ease, anle, page 63. It will be seen that this court there advised that the bill be dismissed for the want of any averment as to moneys obtained by the defendant Smith in any other business except that of digging gold,—while by the report of the committee it was found that he had acquired no money in that mode, but a large amount in the business of lightering, during the two…
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Bill in equity. The facts of the ease are fully stated in the report of a former hearing of the same ease, anle, page 63. It will be seen that this court there advised that the bill be dismissed for the want of any averment as to moneys obtained by the defendant Smith in any other business except that of digging gold,—while by the report of the committee it was found that he had acquired no money in that mode, but a large amount in the business of lightering, during the two years covered by the contract with the petitioners. At the term of the superior court next following, the defendants…
1Opinion of the CourtHinman, J.
In the recent case of Camp v. Waring, (25 Conn., 520,) it was held by this court that it was competent for the superior court, in its discretion, at any time before the passing of a decree in the case, to allow any proper amendments to a bill in equity to be made by the plaintiff, and, therefore, that such amendments are not precluded by the report of a committee in the case. This decision must of course narrow the enquiry in this case to the questions, whether the amendments proposed to be made are proper, and whether, under the circumstances of the case, they are offered at so late a stage…
2Cases cited2 opinions
- Nash v. AdamsSupreme Court of Connecticut · 1855
- Camp v. WaringSupreme Court of Connecticut · 1857
3Cited by1 opinion
- Johnston v. SikesConnecticut Superior Court · 1888