Griffin v. Pinkham
Griffin v. Pinkham
Opinion of the Court
Amendments of mere clerical errors are allowed with great liberality. Not only amendments of the cause of action, but amendments of the names of the parties, of plaintiffs as well as defendants, are an everyday occurrence. Thus, in Wight v. Hale, 2 Cush. 486, the plaintiff’s name was amended by substituting Wight for Wright. In Elder and Deacons of Baptist Church in Lowell v. Bancroft, 4 Cush. 281, the name of the plaintiffs was amended by striking out the words 'Elder and,’ and thus substituting the name of an entirely different corporation from the
In this case the plaintiff’s attorney had, for some unexplained reason, described his «client as follows: ‘Charity Griffin, to wit, Charity Pinkham.’ The presiding judge allowed him to amend by striking out the words ‘ to wit, Charity Pinkham.’
That the court possessed the power to allow the amendment we cannot doubt. Exceptions overruled.
Reference
- Full Case Name
- Charity Griffin v. William Pinkham
- Status
- Published