Atwood v. Berry

The motion to dismiss the amended petition was properly denied. In substance and effect the petition was a new and distinct proceeding. It sought relief against new parties and of a different character from that for which the original petition was brought. But the informality of procedure is not prejudicial to any of the defendants if the prosecution of the amended petition is carried on in disassociation from the original one. Willoughby v. Holderness, 62 N. H. 661; State v. Collins, 68 N. H. 46; Remick v. Company, 82 N. H. 182, 184, and cases cited.

The exception to the decree is sustained.…