Opinion
April 28, 1798.
Called for trial; when Ridgely moved to amend the declaration (which had a blank for the name of the land and then these words, "adjoining Abram Ingrain's survey") by making the declaration, which was for any land but the said survey, to be for that survey and cited Elliot and Richards, qui tam, and Long v. Spear and Sykes v. Goldsborough, offering a term's delay and the cost of this term.
Peery and Vining insisted this was to make a new declaration; it was substance and could not be altered.
The great doubt with me is whether this would be an amendment or an alteration.
The Court opened the following cases: 2 Cromp. 198, 2 Str. 1211, and Runn.Eject. 104, 105, which were not read, but obtained by me from JOHNS, J.
The reference is to the first edition, London, 1781.
The Court, discovering the matter was agreed at the bar, gave no opinion. Plaintiff paid the whole costs, gave a term's delay, and had leave by consent to amend in omnibus.