Estate of Picard v. Libby

This is an action under the Death Statute, so-called, arising from the death of a child four years of age. R. S., C. 165, Secs. 9, 10. The case is before us on exceptions first, to the allowance of the filing of an amendment and second, to the overruling of a special demurrer.

First Exception

At the February Term 1956 of the Kennebec Superior Court the plaintiff, administrator of the child’s estate, filed a motion to amend his writ by adding two counts. The presiding justice at the same term entered the following order: “Motion granted. Amendment allowed.” On the second day of the April Term…