Majority
p. 322*Jackson, on the demise of Finch and others, against Kough. moved to amend by inserting several de mises from different lessors. opposed it on the ground that it might vary the tenant’s defence. observed, that in the Warren-Bush causes, the same thing had been done. If the defendant relin
Headnote
After six years’ service of declarations in ejectment, court will on terms giro leave to amend by adding new demises.Declarations had been served in these causes nearly six years ago.
Van Vechten
Metcalf
p. 323quisli his defer ce, then all the costs heretofore incurred are to be paid; if he abide by it, then there is no injury done. The costs in the first case must be paid up to the day. This the plaintiff is willing to do, and accept any plea so ■ihzi the case nr/ht be brought on at the next circuit.
Amend on those terms.[1]
Motion granted.
(a) (a) See ante, Webb v. WiUcie 154, e. (a.) Anon. 2 Caines’ Rep. 261 .