Den v. Lanning

Supreme Court of New Jersey
Den v. Lanning, 9 N.J.L. 255 (N.J. 1827)
Ewing

Den v. Lanning

Opinion of the Court

Ewing, C. J.

The doctrine of amendment is a very salutary one. When the amendment may be made without producing to the adverse party any injury whatever, it ought to be allowed; and we apprehend it may be done here. In New York the doctrine of amendment as to declarations in ejectment is very liberal. Adams on Eject. *255] 202, note 6. In this court an amendment in *the demise was ordered to be made, after trial, in the case of Den ex dem. Hoover v. Franklin and Sharp, 2 South. Rep. 850. The amendment now applied for is fully supported by the case of Doe ex dem. Bass v. Roe, 7 Term Rep. 469. In the present case the defendant will be precluded from no defence; he will not be compelled to go to trial one -moment sooner, by allowing the notice to be amended. Therefore, let the notice be amended by striking out the words ninth day,” and inserting the words second Tuesday.

Reference

Status
Published