Patey v. Peaslee

The defendant maintains that since the original petition had gone to judgment, it was not subject to amendment. See Superior Court Rule 57, 99 N. H. 617. The issue of the pendency of the action was before the Trial Court at the time of the hearing, and it cannot be assumed that the status of the action was ignored. Since the order permitted the amendment, a preliminary order vacating the judgment of dismissal is to be implied. See Chabot v. Shiner, 95 N. H. 252, 255. Such an order was within the authority of the court. Lyford v. Academy, 97 N. H. 167; Bussey v. Bussey, 94 N. H. 328, 329. The…