Green v. Gill
Cases that cite this one
2 later published cases cite this decision.
- Wilcox v. Kassick (Mich. 1851)
- Robbins v. Appleby (Superior Court of New Hampshire 1820)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the Court. Whenever the plaintiff amends his declaration, the defendant of course has liberty to replead, if the amendment shall either vary his defence, or render a new defence necessary. But the rule does not extend to pleading double on an amendment; the several pleas proposed must be necessary to his defence, in which case he will have leave to plead double. '
In the present case, the defendant did not plead the statute of limitations to the former counts. The new counts are such as may require a different defence; but double pleading does not appear to be necessary to the justice of the case. But the defendant, if he will waive his former plea, may plead the statute of limitations, after the amendments that the plaintiff has in this case made.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.