Ostrander v. Clark

Davison, J".

The complaint charges Ostrander with having committed an assault and battery on Clark, who was the plaintiff, whereby he, Clark, was damaged 500 dollars. The defendant answered, l.Not guilty; 2. Son assault. "Whereupon a jury was impanneled and sworn to try the matters in issue between the parties.

The record contains a bill of exceptions, which shows that after the jury were sworn, and before the case was submitted, the plaintiff moved the Court, without showing any cause by affidavit, or otherwise, in support of his motion, for leave to amend the complaint by adding thereto,…