Clapp v. Beardsley
Supreme Court of Vermont
This was an action of ejectment for land in Grand-Isle, in said county; the only description of which, in the original declaration, Was “ thirty-six acres of the south east corner of the first division “lot drawn to the right of John Wood.11 At a former term of this court, in which a new trial was-granted in said cause, the plaintiff made the following motion to amend his declaration, to wit; “ Supreme Court, Grand-Isle County, January Term,1827. “ And now the plaintiff…
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This was an action of ejectment for land in Grand-Isle, in said county; the only description of which, in the original declaration, Was “ thirty-six acres of the south east corner of the first division “lot drawn to the right of John Wood.11 At a former term of this court, in which a new trial was-granted in said cause, the plaintiff made the following motion to amend his declaration, to wit; “ Supreme Court, Grand-Isle County, January Term,1827. “ And now the plaintiff moves for liberty to amend his said de- “ claration by erasing the last line on the first page and tire first “ and second'…
1Opinion of the CourtHutchinsoN, J.
Several exceptions were taken at tire trial of this cause, which are now to be disposed of.
The first is to the County Court’s compelling the defendant to proceed to trial on the amended declaration. We .deem this to be right in the County Court, whether the allowance of the amendment were right or wrong. The action was regularly pending before the Supreme Court when they allowed the amendment, and •they had power to allow all proper amendments in furtherance of justice; and it was their duty thus to allow them. After the amendment was made the cause was sent to the County Court for a…
2Cases cited1 opinion
- Carpenter & Rose v. WhitmanNew York Supreme Court · 1818
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