Case v. Noyes

Strahan, J.(1) A rehearing was allowed for the purpose of further considering the main question decided, as well as the propriety of remanding the cause to enable the plaintiff to apply for leave to amend his proceedings against the garnishee. The cause has been argued on both points, and upon full consideration, we find no cause to change the opinion already filed in the cause. (2) Amendments ought to be liberally allowed in furtherance of justice.

The spirit, if not the letter of the Code, requires this, but in this case there is nothing to amend. No allegations whatever were filed, and in…