Williams v. Savage Manufacturing Co.
High Court of Chancery of Maryland
[The first opinion of the Chancellor in this case, delivered on the 22d of November, 1848, is reported in 1st Md. Ch. Decisions, 306. The decree of the Chancellor accompanying the opinion was as follows: “ This case standing ready for hearing, and having been fully argued by the solicitors for the complainant and the defendant, the proceedings have been read and considered.
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[The first opinion of the Chancellor in this case, delivered on the 22d of November, 1848, is reported in 1st Md. Ch. Decisions, 306. The decree of the Chancellor accompanying the opinion was as follows: “ This case standing ready for hearing, and having been fully argued by the solicitors for the complainant and the defendant, the proceedings have been read and considered. And it appearing to the Chancellor, for the reasons stated, that the charge of fraud, in the settlement of the 1st of June, 1844, has not been sustained by the proof. “ It is thereupon adjudged and oi’dered, this 22d day…
1Opinion of the Court
The Chancellor:
There can be no doubt that a special case must in general be shown before the Court will allow a defendant to amend his answer, and this for reasons too obvious to be stated. Amendments have been allowed where new matter has come to the knowledge of the defendant since his answer was filed, or in case of surprise or mistake, or where an addition has been made to the draft of the answer after the defendant has perused it, and in some other special cases, treated of in the books of practice, and in reported cases, 2 Danl.’s Ch. Pr., 911, 912. *423And this unwillingness on the part of…
2Cases cited3 opinions
- Boyd v. DunlapNew York Court of Chancery · 1815
- Snowden v. DorseyCourt of Appeals of Maryland · 1823
- Calloway v. DobsonU.S. Circuit Court for the District of Virginia · 1807
3Cited by4 opinions
- Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
- Eastern States Corp. v. EislerCourt of Appeals of Maryland · 1943
- Thompson v. Thomas & Thompson Co.Court of Appeals of Maryland · 1918
- Commonwealth v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886