State v. Jessup & Moore Paper Co.
Superior Court of Delaware
Mandamus Application for leave to amend the alternative writ so as to conform to the petition which had been amended by leave of court.
1Opinion of the CourtPennewill, C. J.
delivering the opinion of the court:
The application is for leave to amend the alternative writ, the petition having been heretofore amended by leave of court. Objection is not made by the respondent to the amendment, as we understand, butit is insisted that when amended the writ should be reissued and served, so that the respondent may have further time to make a new return to such amended writ. This, it is contended, would be the proper practice in such cases.
While the course suggested by the respondent may seem logical and proper, it does seem to us to be unnecessary. The petition is the…
2Cited by4 opinions
- Console Master Speaker Corp. v. Muskegon Wood Products Corp.Superior Court of Delaware · 1928
- In re VeaseySuperior Court of Delaware · 1927
- Southern Maryland Trust Co. v. HenrySuperior Court of Delaware · 1931
- Sing v. Sitka School BoardDistrict Court, D. Alaska · 1927