Lide v. Fidelity & Deposit Co.

*298Report oe Special Reeeree

This case comes before me on an order of reference passed by Honorable E. C. Dennis, Judge of the Fourth Judicial Circuit.

In the outset Mr. Mclnnes, one of the attorneys for the plaintiff, moved to amend Paragraph 12 of the complaint by causing the line 4 to read “in the sum of $2849.87, with interest at the legal rate from July 1, 1933,” rather than as it now reads $2,149.87.

To this proposed amendment the defendants’ attorneys objected on the ground, first, that it is intended to change the cause of action, and, second, that the amount between the fiduciary and…