Creswell v. Blank

Opinion of the court by

Woodward, J.

There was no pretence for objecting to the plaintiff’s amendment of his narr. The statute secured to him that right before or on the trial, and the amendment was not introductive of new cause of action, but only of another mode of laying the original cause of action.

The fourth assignment of error is grounded on the bad practice of taking depositions on short rules, without actual notice brought home to the adverse party or his counsel. The exigencies of witnesses do sometimes render short rules indis- * pensable, but depositions taken under them ought always…