Wilson v. N.Y., N.H. H.R.R. Co.

The defendant petitions for a new trial on several grounds:

First: — Because the court permitted the plaintiff against the defendant's objection, to file an amended declaration.

It contends that the amendment was not in a matter of form but of substance; and that the Judiciary Act, cap. 15, § 4, authorizes amendments in matters of form only. We do not so construe the statute. The language is: "The court may at any time permit either of the parties to amend any defect in the process or pleadings, with or without terms, in the discretion of the court, or in pursuance of general rules." "Any…