McWilliams v. Herndon's Administrator

Judge Marshall

delivered the Opinion of the Court.

The defendant in a suit in Chancery has a right to amend his answer, subject to the general rules of practice and the discretion of the Court, as to the time and character of the amendment. (Hughes vs. Phelps, 3 Bibb, 198.) The effect of the amendment, where it is materially variant from the original answer, must depend upon the circumstances of the case. If the first statement is apparently a mistake, or liable to be understood in a sense different from that which was intended, it would be as unjust as it would often be oppressive, to *569Exclude…