Gilchrist v. Gilchrist's Executors

Motion for leave to serve an amended answer, setting up, among other defenses, "the statute of limitations.

It is pretty much a matter of course to permit parties to amend their pleadings before trial, when the amendment will produce no delay of the trial, nor work any especial hardship to the adverse party. This is now the settled rulings of the courts (see Wait’s Code, remarks and authorities, cited under section 173 of the Code). And the terms imposed are usually payment • of the costs of the motion, and such other costs and expenses, if any, as the party will lose by reason of the desired…