Jefferis v. William D. Mullen Company

The Chancellor.

The motion for leave to amend by filing a substituted bill must be denied. The principle upon which this disposition of the motion rests is that it is not permitted to present an entirely different case by amendment from that which was presented by the bill as originally drawn. Merchants’ Union Trust Co. v. New Philadelphia Graphite Co., 10 Del. Ch. 155, 87 A. 1022. That the new bill presents an entirely new case seems clear. This yrill appear from a reading of the two bills.

The original bill presents the case of a declaration of dividends by the corporation and a refusal or…