Gagnon v. Connor
Supreme Court of New Hampshire
Case, for personal injuries, brought within two years of the intestate’s death. Laws 1879, c. 35. Plea, the general issue. At the trial, after the expiration of the two years, the plaintiff was allowed, subject to exception, to amend his declaration. Verdict for the plaintiff, which the defendant moved to set aside on the ground of excessive damages. The motion was denied, and the defendant excepted.
1Opinion of the CourtDoe, C. J.
In Brigham v. Este, 2 Pick. 420, the writ was abated because it contained no declaration. The law allows an insufficient declaration to be amended for the purpose of curing a defective statement of the cause of action. In a suit seasonably brought, the declaration may be amended after the time when a new action for the same cause would be barred by the statute of limitations. Merchants’ Bank v. Stevenson, 7 Allen 489, 490. In that case, and in Wiley v. Yale, 1 Met. 553, 555, an amendment was denied on the ground that as a matter of fact justice did not require it. In this ease, the question…
2Cases cited1 opinion
- Berry v. GraddyCourt of Appeals of Kentucky · 1859
3Cited by3 opinions
- Tucker v. LakeSupreme Court of New Hampshire · 1892
- Brown v. FitzgeraldSupreme Court of New Hampshire · 1899
- Morgan v. JoyceSupreme Court of New Hampshire · 1891