Myers v. W. G. Lyon & Co.
Supreme Court of Vermont
Assumpsit, brought to the April Term, 1876, Franklin County. Defendants were summoned to answer to “ Lawrence Myers and Emily Myers.” The declaration contained the common counts for money had and received, money lent and accommodated, &c.
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Assumpsit, brought to the April Term, 1876, Franklin County. Defendants were summoned to answer to “ Lawrence Myers and Emily Myers.” The declaration contained the common counts for money had and received, money lent and accommodated, &c. The case was continued from term to term until the April Term, 1877, when the plaintiffs moved for leave to amend the writ by adding after the words, Emily Myers, the words, vjife of said Lawrence Myers, and to amend by striking out the original declaration and substituting therefor a declaration on a loan by the wife while covert, of money that was her sole…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The motion embraced two subjects — one to amend the writ so as to show the character in which the female plaintiff joined in the suit, the other to amend the declaration by setting forth the particulars of the alleged loan of money to the defendants, constituting the cause for which the action was brought. The husband and wife were plaintiffs in the original writ. They were to be so in the amended writ. All that was done by the amendment was to show the fact of the female plaintiff being the wife of the other plaintiff. This was not changing…
2Cited by4 opinions
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- Spear's Admr. v. ArmstrongSupreme Court of Vermont · 1912