Dull v. Amies
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action brought to September term, 1836. The plaintiff filed a statement under the provisions of the 5th and 6th sections of the act of 21st March, 1806, (Stroud's Puri. tit. Courts,) claiming on certain promissory notes therein described. Defendant pleaded. And now plaintiff moved for leave to file a narr., adding counts on other promissory notes than those specified in the statement. cited Farmers & Mechanics Bank v. Israel, 6 S. & R.; 4 Watts 258; 2 Wkart. 32.
1Opinion of the Court
Per Curiam.—
By the act of 1806, a statement was allowed to be substituted for a declaration. Once filed, it is, according to the act itself, the exhibit of the plaintiff’s cause of action as fully as a declaration is. And it is well settled that an amendment to the pleading by the plaintiff, either at common law or under the statute, shall not be allowed when it introduces a new and distinct cause of action. (See 1 Miles 42, 67.) This would be the effect if the motion were granted here. Amendment under the 6th section of the act of 1806, is limited to “ informality” in the pleading as to a…