Gardner v. Quinn

Me.'Justice Cook

delivered the opinion of the Court.

The plaintiff commenced his action September 27, 1924, to recover damages charging the unlawful obstruction of approach to his premises by a drainage ditch placed there by the defendants in May, 1922. The defendants filed their plea of not guilty April 15,1925, and the cause came up for trial on the merits, June 20, 1925, when it developed through introduction of plaintiff’s title papers that he and his wife were tenants in common. Plaintiff thereupon moved to amend by making his wife, Sephia L. Gardner, party plaintiff, and the amendment was…