Covington v. Simpson
Superior Court of Delaware
for taking and carrying away two cows, the same being laid in the narr as the property of Susan Coverdale, also as the property of Joseph Covington, administrator of Susan Coverdale, deceased.
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for taking and carrying away two cows, the same being laid in the narr as the property of Susan Coverdale, also as the property of Joseph Covington, administrator of Susan Coverdale, deceased. The pleas were, not guilty, and the following special plea, to wit: “And for a further plea in this behalf as to the seizing, taking and driving away of the two cows, and converting and disposing of the same to their own use, as in the several counts of the said declaration alleged, the said defendants say that the said Joseph Covington, administrator of Susan Coverdale, ought not to have or maintain…
1Opinion of the Court
Spruance, J.:
Of course this might have been demurred to, but under our very liberal system of amendment, we will entertain a motion on the part of the plaintiff to amend.
Mr. Bidgely: —I make the motion to amend.
Mr. Jones:—I shall ask that the costs of the term be imposed.
Spruance, J.:—The question of terms is within the discretion of the Court. If we allow this amendment, it cannot be *273productive of any delay. The defendant will suffer no harm. It seems to us that it comes strictly within the statutory provisions in regard to amendments. Under the circumstances, we think we should grant leave…
2Cases cited3 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Desloge v. RangerSupreme Court of Missouri · 1842
- Patterson v. ClarkSupreme Court of Iowa · 1866
3Cited by1 opinion
- Hastings v. LankfordSuperior Court of Delaware · 1914