2 Harr. 444 2 Del. 444

WAPLES vs. M'GEE & SALMONS.

After issue joined on the merits, the court will not permit the defendant to amend by adding a plea of the act of limitation, or any plea not going to the merits.

Capias case. Action for an injury to the reversionary interest in land.

Cullen, for defendants,

after a continuance of the cause on legal grounds, moved for leave to amend his pleadings, which was resisted.

The case stood at issue on a plea of not guilty, and the court required him to disclose to them the matter which he desired leave to plead ; when he stated that it was “ a special license from plaintiff;” and also the act of limitation.

Ridgely and Frame, for plaintiff.

Cullen, for defendants.

The Court,

after argument and consideration, gave leave to amend and to plead the license; but refused to allow the amendment for the purpose of pleading the act of limitation, or any plea not going to the merits.

Waples v. M'Gee
2 Harr. 444 2 Del. 444

Case Details

Name
Waples v. M'Gee
Decision Date
Jan 1, 1970
Citations

2 Harr. 444

2 Del. 444

Jurisdiction
Delaware

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