Wendell v. Mitchell

A. Meeker, moved to amend an answer. The suit was commenced before a justice of the peace; a plea of title interposed, &.C., and on a suit being brought in this court, the same answer in totidem verbis was put in, and the cause referred; and before report, this motion was made upon sufficient ground if the suit had originated here. He cited the Code, sections 122, 173, 177, and insisted that the court might amend all pleadings for the furtherance of justice.