Hughes v. Phelps

*198OPINION of the Court, by

Ch. J. Boyce

We are of opinion that the court below erred in not permitting the plaintiff in error, who was defendant in that: court, to amend his answer.

The cause stood upon the bill and answer without replication, and in such a case the right of the defendant to amend his answer is expressly given by an act of assembly of 1802 — See 3 Littell, p. 20. This right, we apprehend, is not taken away or curtailed by the act concerning proceedings in suits at law and in chancery, approved January 30th 1811, (4 Littell 260, § 2) by which suits in chancery are permitted to…