Trespass quare clausum. Plea, the general issue. Facts found by a referee.
Good law ✅— No negative treatment on recordhow we know
Decided 1879-12-05
How this case has been cited
Cited by 5 later decisions — most recently May 1943
5 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.
¶1
An amendment of a declaration averring substantially the same facts, does not change the cause of action, and, the rights of third persons not being affected thereby, it should be allowed “ for the prevention of gross injustice.” G. L.,
c.
226, s. 9; Laws of 1879,
c.
7.
¶2
The matter of costs will be arranged at the trial term.