Gould v. Carpenter

Upon the hearing of this case I was satisfied that the allegations in the answer did not constitute a defence to the action, and that, therefore, the plaintiffs were entitled to judgment. I was also inclined to think that this was a proper case to allow the defendants to amend, upon terms. What those terms should be, was the only question for the consideration of which the decision was reserved.

The plaintiffs’ counsel insists that the hearing of the case, upon his application for judgment, is to be regarded as a trial, and that, therefore, if the defendants are now allowed to amend, it should…