Towns of Windham & Chaplin v. Litchfield
Supreme Court of Connecticut
This was a petition, brought to the August term of the county court, for Windham county, 1850, by Andrew J. Litchfield and others, praying for a new highway, to be laid out and established, from the town of Chaplin, to the village of Willimantic, in the town of Windham.
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This was a petition, brought to the August term of the county court, for Windham county, 1850, by Andrew J. Litchfield and others, praying for a new highway, to be laid out and established, from the town of Chaplin, to the village of Willimantic, in the town of Windham. At the same term of the eoürt, the petition was referred to the county commissioners, who were directed, by said court, to meet, for the purpose of hearing and deciding the same, on the 18th day of November, 1850. At the next term of said court, holden in December following, the petitioners moved an amendment to the petition,…
1Opinion of the CourtHinman, J.
We think the amendment of the petition,
allowed by the county court, in this case, did not change the ground of action, within the meaning of the statute “for the regulation of civil actions,” () 102;) and was, therefore, within the discretionary power of the county court. The effect of the amendment was not to change the general route or termini of the road prayed for, but only to change some of the intermediate objects mentioned in the application, as points to, or near, which it was proposed the road should be built. Both in the original and in the amended petition, a new road was asked…
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