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Thompson v. Steam Mill Co.

Thompson v. Steam Mill Co., 62 N.H. 303 (1882)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
June 5, 1882
Judges
Clabii, Smith
Citations
62 N.H. 303
Headnotes
An amendment of a declaration in an action at law, alleging a cause of action arising after the date of the writ, is not allowed.
Summary
Assumpsit, for logs sold and delivered. The plaintiff moved for leave to file a count in trover for the same logs, alleging the conversion on a day subsequent to the date of the writ.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clabii

Clabii, J.

The cause of action alleged in the proposed amendment was not in existence at the date of the writ. An amendment, when made, relates back; and a writ after amendment stands as if the matter of the amendment had been incorporated into it at the time it was instituted.

Whittier v. Varney, 10 N. H. 291, 303. A declaration, stating facts essential to the maintenance of the action to have happened after the date of the writ, is insufficient, and an amendment alleging a cause of action arising after the commencement of the suit is not allowed.

Amendment disallowed.

Smith, J., did not sit: the others concurred.

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