¶1The question in this case is, whether, after a defendant has pleaded generally to the action, and after the report of an auditor, finding a balance against him, he may be allowed to amend by withdrawing his plea and filing a confession and plea under the statute. We think the amendment may be allowed.
24 N.H. 258
Merrill v. Mellen
Superior Court of New Hampshire
Decided December 15, 1851
Superior Court of New Hampshire · decided 1851-12-15
Assumpsit, on an account annexed to the writ. The writ also contained a general count for goods, wares and merchandize sold and delivered. Plea, the general issue. The case having been committed to an auditor, a report was made, by which the auditor found a balance of $108.48 due the plaintiff.
Cited by 1 later decisions — most recently June 1865
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1851-12-15
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