Haskins v. Ferris

Decided September 15, 1851

Supreme Court of Vermont · decided 1851-09-15

Trover, brought in the county of Wasiiinston. At the May Term, 1848, of the county court, the defendant moved to dismiss the suit, on the ground that the plaintiff was allowed to amend the declaration, by adding a count for the conversion of additional property, — which motion was overruled; and on trial at a subsequent term it was ascertained, that the property included in the additional count was taken by the defendant at the same time with that mentioned in the original…

Good law ✅— No negative treatment on recordhow we know

Decided 1851-09-15

How this case has been cited

Cited by 6 later decisions — most recently October 1924

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.

¶1It seems to us, the amendment was correctly allowed in the present case. The rule laid down in Colby’s Practice, that the party may always amend by more correctly describing the cause of action' “ intended to be declared on,” seems to us the true ground, upon which to place this subject. In the present case there can be no doubt, the plaintiff intended to describe all the articles taken, as they constitute but one taking, and the defendant could not have been misled by the omission. The amendment was then correctly allowed.

¶2The review was correctly denied. This has been long settled.

¶3Judgment affirmed.