Amendment of pleadings

Blessed is the mending hand.

— Amendment of pleadings

Whatever at common law might be amended in civil cases, was at common law amendable in criminal, and so it is at this day.

— Amendment of pleadings

The rule is "that whilst all is in paper, you may amend."

— Amendment of pleadings

Mr. Attorney, I have often heard say, ' Blessed is the mending hand.'

— Amendment of pleadings

Amendments ought not to be made, except in cases where the alteration is of such a nature as that no one can be misled by it.

— Amendment of pleadings

We must judge upon the case as stated. If it is mis-stated, you must apply to amend it.

— Amendment of pleadings

I am very free to own that the strong bias of my mind has always leaned to prevent the manifest justice of a cause from being defeated or delayed by formal slips, which arise from the inadvertence of gentlemen of the profession; because it is extremely hard on the party to be turned round, and put to expense, from such mistakes of the counsel or attorney he employs. It is hard, also, on the profession.

— Amendment of pleadings

It is between the stirrup and the ground, Brother; but you may amend by replying.

— Amendment of pleadings

The test as to whether the amendment should be allowed is whether or not the defendants can amend without placing the plaintiff in such a position that he cannot be recouped, as it were, by any allowance of costs or otherwise.

— Amendment of pleadings

However negligent or careless may have been the first omission, however late the proposed amendment, the amendment should be allowed if it can be made without injustice to the other side. There is no injustice if the other side can be compensated by costs.

— Amendment of pleadings

My practice has always been to give leave to amend unless I have been satisfied that the party applying was acting mala fide, or that by his blunder, he had done some injury to his opponent which could not be compensated for by costs or otherwise.

— Amendment of pleadings

I have said frequently, and I repeat it, that there is no Judge on the bench who is more willing to allow amendments, even at the last moment, than I, provided there is no surprise.

— Amendment of pleadings

I do not think I ought to allow an amendment for the mere purpose of enabling the defendant to raise a purely technical objection to the plaintiff's title to sue.

— Amendment of pleadings

An amendment ought not to be allowed if it will occasion injustice; but if it can do no injustice, and will only save expense, it ought to be made.

— Amendment of pleadings

And we will conclude with the aphorisme of that great lawyer and sage of the law. Edm. Plowden (which we have heard him often say) Blessed is the amending hand.

— Amendment of pleadings

Vitium clerici nocere non debet: A clerical error ought- not to hurt.

— Amendment of pleadings

Between the stirrup and the groundHe mercy sought and mercy found.

— Amendment of pleadings

I do not mean to say that the Court could not give leave to amend, but I cannot conceive that the Court would listen to an application for leave to amend after the trial. That could not have been intended: it would be opposed to all principles of justice.

— Amendment of pleadings