Cheek v. . Watson

If the amendment prayed for was necessary, to grant it and prescribe the terms upon which, and the juncture in the progress of the action at which it should be allowed, lay in the discretion of the court, and the exercise of such discretion is not reviewable here. It may be said, however, that the court ought always, having a due regard for the rights of the parties to the action, in furtherance of justice, to allow such amendments when necessary.

The court suggested that the main question to be tried was as to theparol trust alleged by the defendant in his answer, and assured the plaintiff…