Legal Opinion
Farrell v. Hollingsworth
District Court, D. South Carolina
Decided January 10, 1968No. Civ. A. No. 66-479PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
DONALD RUSSELL, District Judge.
Two motions are before the Court for determination herein.
The first, filed by the plaintiff, seeks leave under Rule 15, Federal Rules of Civil Procedure, to amend the complaint by adding to the original cause of action for malicious prosecution another count for abuse of process.
The right to amend is, by the express mandate of Rule 15, to “be freely given when justice so requires”. It encompasses the right to make both simple changes in phraseology as well as to add a new cause or theory of action. Thus, the Court, in Cunningham v. Jaffe…
2Cases cited19 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Empire Electronics Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1962
- American Fidelity and Casualty Company, Inc. v. The London and Edinburgh Insurance Company, Limited, and the Dominion Insurance Company, LimitedCourt of Appeals for the Fourth Circuit · 1965
- Charles E. Williams v. Howard Johnson's Inc. Of WashingtonCourt of Appeals for the Fourth Circuit · 1963
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3Cited by4 opinions
- American Rockwool, Inc. v. Owens-Corning Fiberglas Corp.District Court, E.D. North Carolina · 1986
- Beaudoin v. TaylorWyoming Supreme Court · 1972
- United States v. United States Trust Co.District Court, D. Massachusetts · 1985
- Glazer Steel Corp. v. Yawata Iron & Steel Co.District Court, S.D. New York · 1972