Pullen v. Hutchinson
Supreme Judicial Court of Maine
Exceptions from the Middle District Court, Redington J. presiding. This was a special action on the case, founded upon the 49th section of liev. Stat. c. 148, “ Of the relief of poor debtors,” charging the defendant with knowingly aiding Charity Vance in the fraudulent transfer of her property to him in order to secure the same from her creditors.
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Exceptions from the Middle District Court, Redington J. presiding. This was a special action on the case, founded upon the 49th section of liev. Stat. c. 148, “ Of the relief of poor debtors,” charging the defendant with knowingly aiding Charity Vance in the fraudulent transfer of her property to him in order to secure the same from her creditors. With respect to the amendments, the bill of exceptions does not state what they were; but merely states that one was allowed after issue joined, and referred to the different counts in the writ. The copies of the case do not show what they were. The…
1Opinion of the Court
The .opinion of the Court was drawn up by
Shepley J.
This is an action on the case, founded upon the statute, c. 148, § 49. The counsel for the defendant contend, that certain amendments of the declaration should not have been permitted. A declaration so defective, that it would exhibit no sufficient cause of action, may be cured by an amendment without introducing any new cause of action. This is often the very purpose of the law authorizing amendments. The intended cause of action, when defectively set forth, may be as clearly perceived and distinguished from another cause of action, as it…
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